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MANAGING DIRECTOR OF SADISCO HOTEL V. MARMON

(1985) JELR 68024 (SC)

Supreme Court  •  25 Jun 1985  •  Ghana

Coram
APALOO C.J.,MENSA BOISON JA,ABBAN J.A.

Judgement

APALOO C.J.: Apaloo C.J. delivered the ruling of the court. The dispute in this case relates to a building described as an annexe to Sadisco Hotel. It appears that the main building to which it is said to be an annexe belonged to a Lebanese called Baksmaty. He rented the premises to a man called Kissi. He has since died. The evidence shows that it was a tenancy from month to month. Kissi used the building in running a hotel.

About 1970-1971 Baksmaty sold the annexe to the respondent. He was then resident in Nigeria. As he did not then require the premises for his own occupation, he permitted Kissi to continue his tenancy of the premises. It appears it was on the same monthly basis. After the respondent purchased Baksmaty’s interest, Kissi was desirous of extending the hotel premises. The respondent was agreeable to this on condition that Kissi met the cost of the extension initially from his own pocket. It was estimated to cost ¢18,000 and it was agreed that this sum should be set off …

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