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WEST AFRICAN ENTERPRISES LTD V. WESTERN HARDWOOD ENTERPRISE LTD

(1996) JELR 65129 (CA)

Court of Appeal  •  18 Apr 1996  •  Ghana

Coram
ACQUAH JSC, ATUGUBA JSC, SAPONG JA

Judgement

ACQUAH JSC.: In 1968 the Apowa stool represented by Nana Amoa Gyebu XIII leased a portion of the stool’s land to the Takoradi Brewery Ltd (TBL) for its business. The boundaries of the land leased, which are not disputed, are as follows: on two sides by land belonging to the Apowa stool, on another side by the Whin River and on another side by the Takoradi-Apowa motor road. Takoradi Brewery Ltd went into possession of the land and put up some buildings thereon.

Not long thereafter, around 1970, TBL became indebted to one Leory Francis who instituted a court action for the recovery of the debt, obtained judgment and caused the property of TBL to be sold by public auction. The West African Enterprises Ltd (WAEL) bought the right, title and interest of TBL in the lease. A certificate of purchase tendered as exhibit A in this action was issued to evidence the purchase. The WAEL then took over the leasehold property.

In 1986 the Western Hardwood Enterprise Ltd (WHEL) entered this property and…

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