QUARCOO AND ANOTHER vs. AFRANIE II

Ampiah J.A. delivered the judgment of the court. The plaintiffs claimed as the executors of the will of A.A. Mensah, the undisputed owner of house No. 35, Accra New Town Road, Kokomlemle, Accra popularly known as “Hotel de France.” By an oral agreement, the late A.A. Mensah rented the above-named house to Nana Kwasi Afranie, the defendant in the action. Before his death the late A. A. Mensah took action against the defendant to recover the said house for use by him in his business. The late A.A. Mensah was a hotelier and owned the Aams Hotel. Unfortunately before the case could be concluded, Mr A. A. Mensah died. The plaintiffs herein were substituted for the late A.A. Mensah after they had taken probate of the will of the late A. A. Mensah as executors. Judgment in that case was given against the plaintiffs who appealed to the Court of Appeal. On 29 July 1987, the Court of Appeal dismissed the appeal on the ground that the late A.A. Mensah had not given the defendant the required...