[1992]DLSC4982 • June 23, 1992 • Supreme Court •
ZANYO vs. FOFIE
The plaintiff entered into a tenancy agreement in 1975 for an uncompleted building with the defendant's family, who were personal representatives of the deceased owner. The tenancy included a three-year rent-free grace period during which the plaintiff was to complete the building, but the defendant's family failed to do so. Subsequently, the defendant offered to sell the house to the plaintiff for ¢75,000 in 1976. The plaintiff claimed to have accepted the offer and paid the purchase price by 1986, including payments to the First Ghana Building Society and the defendant's family. The defendant denied acceptance and alleged fraud in the plaintiff's claim of purchase, maintaining the tenancy agreement was still in force.
read moreFRANCOIS JSC. On 10 November 1975, the plaintiff entered into a tenancy agreement with the defendant in respect of House No 33/5 Onyaa Crescent Nima, Accra. The defendant was one of the personal representatives of the deceased owner. The plaintiff was let into immediate occupation of the house, which was a three-storey building with a completed ground floor ready and two other floors at various stages of completion. The first floor required very little, while the second, which was only a structural shell, 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 defendant. The plaintiff, through his agent, PW1, Peters, put tenants into the demised premises from whom he collected rents for the three-year period. The significance of this th....