BOSTON AND ANOTHER vs. KHEMLAND BROTHERS AND OTHERS

JUDGMENT OF APALOO J.S.C. Apaloo J.S.C. delivered the judgment of the court. The facts of the case are, in the main, not in dispute and can be stated briefly. The appellants (who I shall hereafter call the plaintiffs) are the customary successor and head of the family respectively, of the late Thomas Edward Kwofie. On 5 May 1934, the government granted to the late Kwofie, a lease of a plot of land numbered as 101 and said to be situate at Prince of Wales Road, Takoradi, for a term of 99 years. It would seem that the object of the lease was to enable Mr. Kwofie to erect a building. He covenanted with the government in the said lease to erect and complete on the said plot a proper and substantial building within a period of three years from the date of the lease. It appears that Mr. Kwofie was himself not in funds to erect a building and he therefore sought and obtained the consent of the government to subdemise the plot to Madam Madge Evans since deceased. Accordingly, on 29 Septemb...