FOFIE vs. ZANYO

The plaintiff entered into a tenancy agreement in 1975 with the defendants, personal representatives of the deceased owner, for an uncompleted three-storey building at Nima, Accra. The lease included a three-year rent-free grace period during which the plaintiff was to complete the building, with rent advance payments starting in 1978. The defendants later offered to sell the property to the plaintiff for ¢75,000 in 1976, but the plaintiff did not formally accept the offer until 1986, paying the sum over time. Disputes arose over whether a valid sale contract existed or whether the plaintiff remained a tenant. The plaintiff claimed specific performance of the sale agreement, alleging full payment and completion of the building, while the defendants denied acceptance and alleged fraud by the plaintiff.

JUDGMENT OF FRANCOIS J.S.C. On 10 November 1975 the plaintiff entered into a tenancy agreement with the defendants in respect of house No 33/5, Onyaa Crescent, Nima, Accra. The defendants were the personal representatives of the deceased owner. The plaintiff was let into immediate occupation of the Nima house which was a three-storeyed building with a completed ground floor ready for occupation and two other floors in various stages of completion. The first floor required very little, while the second which had only a structural shell in place, required considerable development. The lease (exhibit 1) signed by the parties in 1975 was for a term of ten years at ¢600 rent a month. Three years rent-free occupation was a concession granted to the plaintiff, while three years rent advance, to take effect from 1978, was stipulated to be paid to the defendants. The plaintiff through his agent Peters, the first plaintiff witness, put tenants into the demised premises from whom he collected....