NDOLEY vs. IDDRISU

JUDGMENT OF APALOO C.J. Apaloo C.J. delivered the judgment of the court. The appellant is a clerk employed in the Circuit Court at Tamale. He owns a leasehold premises there. It is house No. CHE. 41. The lessor is the Government of Ghana and the ninety-nine year lease contained the usual covenants including covenant not to assign “without the previous consent in writing of the government.” Some time in 1972 or thereabouts, the appellant fell into debt and the premises in question was advertised to be sold by public auction to meet repayment of the debt. He appeared to be pressed for money and sought the respondent’s financial assistance to enable him save the property. That assistance was not forthcoming. The evidence suggests that rather than having his house publicly auctioned, the appellant preferred to dispose of it himself. He accordingly returned to the respondent and offered it to him for sale. The latter was willing to buy and an agreement was reached between ...