[1992]DLCA4972March 20, 1992Court of Appeal

OKAI vs. OCANSEY

ADJABENG JA. The plaintiff-respondent, A K Ocansey, is the son of A J Ocansey, deceased who up to 1955, had the lease of the property known as “Park Cinema”, from the father of the 1st defendant-appellant. According to the plaintiff, when his late father obtained the lease of the land, he built on it the cinema which was at first known as Ocansey Park Cinema. A J Ocansey died when the plaintiff was 12 years of age. In 1955 one Rodger Lutterodt who, the plaintiff claimed, was the manager of his late father’s cinema, took a 25-year lease of the premises in his (Rodger Lutterodt’s) own name. This lease expired in 1980. The machines for the operation of the cinema were however still at the premises although they were not being operated. In May 1982, the plaintiff approached the 1st defendant-appellant who had also succeeded his late father for what the plaintiff termed an extension of the lease granted to his late father. The 1st defendant is said to have agreed to grant him a ne...