[1989]DLHC2007 • June 27, 1989 • High Court
DIKYI AND OTHERS vs. AMEEN SANGARI INDUSTRIES LTD.
The plaintiffs, members of the Nsona family, leased a 575-acre farmland to the defendant company for 99 years at an annual rent of ¢500 plus one sheep and a bottle of schnapps, used for annual rites. The lease was executed by Nana Tandoh IV on behalf of the family and by Nana Tandoh V (Saied Ekow Sangari), heir apparent to the stool and director/shareholder of the defendant company. The plaintiffs later sought to increase the rent, but the defendants refused, prompting the plaintiffs to seek a declaration that the lease was unconscionable and an order setting it aside under section 18 of the Conveyancing Decree, 1973 (N.R.C.D. 175).
read moreJUDGMENT OF KPEGAH J. This is a ruling on a submission of no case made by the defendants after the plaintiffs have closed their case. The ruling will involve a consideration of the scope and import of section 18 of the Conveyancing Decree, 1973 (N.R.C.D. 175). Despite the relative old age of N.R.C.D. 175, this appears to be the first time that a major action of this type is being brought to invoke the provisions of section 18 of N.R.C.D. 175. I assume, although they did not say so, the efforts of both counsel had not been able to bring out any decision by our courts on the provision. This assumption is based on the fact that no decided case on the section was brought to my notice by them; and my own efforts have revealed none. This ruling may therefore have some fascination but I am not sure if I will be able to adequately deal with the problem to satisfy expectations. In this action, the plaintiffs are claiming a declaration that a lease dated 5 May 1975, and stamped in the Deeds Re...