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FOFIE V. ZANYO

(1992) JELR 65288 (SC)

Supreme Court  •  23 Jun 1992  •  Ghana

Coram
FRANCOIS JSC, WUAKU JSC, OSEI-HWERE JSC, AIKINS JSC, EDWARD WIREDU JSC

Judgement


FRANCOIS J.S.C.

On 10 November 1975 the plaintiff entered into a tenancy agreement with the defendants in respect of house No 33/5, Onyaa Crescent, Nima, Accra. The defendants were the personal representatives of the deceased owner.

The plaintiff was let into immediate occupation of the Nima house which was a three-storeyed building with a completed ground floor ready for occupation and two other floors in various stages of completion. The first floor required very little, while the second which had only a structural shell in place, required considerable development.

The lease (exhibit 1) signed by the parties in 1975 was for a term of ten years at ¢600 rent a month. Three years rent-free occupation was a concession granted to the plaintiff, while three years rent advance, to take effect from 1978, was stipulated to be paid to the defendants. The plaintiff through his agent Peters, the first plaintiff witness, put tenants into the demised premises from whom he collected rents for the thr…

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