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FELIX OTOO {PLAINTIFF} V. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST

(2018) JELR 63646 (HC)

High Court  •  Suit No. RPC/87/15  •  19 Apr 2018  •  Ghana

Coram
JENNIFER DODOO (MRS)

Judgement

Expiration of lease

Whether or not holding onto keys meant Defendant was still in actual possession of premises,

Mesne Profits and how calculated

The Plaintiff’s claim in his Amended Writ and Statement of Claim was for an amount of $644,000.00 or its cedi equivalent being the economic rent for his property together with interest from November 2010 until date of final payment. The Plaintiff also sued for damages and costs but later abandoned its claim for damages.

It was the Plaintiff’s case that the land in question was devised to one Frank Narteh Tawiah Otoo and his brothers in joint tenancy. On the demise of the last beneficiary under the will i.e. Frank Otoo, the property vested in him i.e. the Plaintiff. He stated further that his predecessors in title granted an assignment on 7th June 1960 to one Mr. Nakib who in turn assigned the unexpired residue of his term to the Defendant.

The Plaintiff stated further, that in early 2010, he informed the Defendant that the lease was about to expi…

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