WEST AFRICAN ENTERPRISES LTD vs. WESTERN HARDWOOD ENTERPRISE LTD

In 1968, the Apowa stool leased land to Takoradi Brewery Ltd (TBL). TBL took possession and developed the land. Around 1970, TBL became indebted to Leory Francis, who obtained a judgment and caused TBL's leasehold interest to be sold at public auction. West African Enterprises Ltd (WAEL) purchased TBL's interest and took possession, paying rent to the Lands Department. In 1986, Western Hardwood Enterprise Ltd (WHEL) entered the land, claiming a 50-year lease from the Apowa stool. WAEL sued WHEL and the Apowa stool chief for unlawful interference, trespass, and injunction. The defendants admitted the original lease to TBL but claimed the stool reentered the land in 1983 for breach of covenant and leased it to WHEL. The trial court held the unregistered lease to TBL was invalid, the reentry was lawful, and dismissed WAEL's claim. WAEL appealed.

JUDGMENT OF ACQUAH JSC. In 1968 the Apowa stool represented by Nana Amoa Gyebu XIII leased a portion of the stool’s land to the Takoradi Brewery Ltd (TBL) for its business. The boundaries of the land leased, which are not disputed, are as follows: on two sides by land belonging to the Apowa stool, on another side by the Whin River and on another side by the Takoradi-Apowa motor road. Takoradi Brewery Ltd went into possession of the land and put up some buildings thereon. Not long thereafter, around 1970, TBL became indebted to one Leory Francis who instituted a court action for the recovery of the debt, obtained judgment and caused the property of TBL to be sold by public auction. The West African Enterprises Ltd (WAEL) bought the right, title and interest of TBL in the lease. A certificate of purchase tendered as exhibit A in this action was issued to evidence the purchase. The WAEL then took over the leasehold property. In 1986 the Western Hardwood Enterprise Ltd (WHEL) en.....