[2007]DLCA7475 • March 16, 2007 • Court of Appeal
RAMI EL-ASHKAR (PLAINTIFF/RESPONDENT) vs. BETTY ADUMUA-BOSSMAN & ANOR. (DEFENDANTS/APPELLANTS)
The Plaintiff/Respondent, as sole administrator of his late father's estate, sued the Defendants/Appellants over a 60-year building lease executed in 1977 for property at H/No. C60/1, Kwame Nkrumah Avenue, Accra. Clause 5c of the lease required commencement of construction within two years. The lessee failed to commence building within this period, only manifesting intent in 1995, nearly 20 years later. The Defendants claimed this failure was a fundamental breach discharging the lease. The Plaintiff contended the breach was not fundamental and sought declarations and injunctions to protect his rights under the lease.
read moreASARE- KORANG, J. A. The Plaintiff/Respondent [Respondent hereinafter] as the sole administrator of the estate of his late father MOHAMMED ADNAN MUSTAPHA EL-ASHKAR sued the Defendants/Appellants [Appellants hereinafter] for the following reliefs.:— "1. A declaration that the plaintiff’s failure to commence construction on the leased premises H/No. C60/1, Kwame Nkrumah Avenue, Accra within 2 [two] years of the execution of the lease in terms of clause 5[c] was not a fundamental breach that cannot be remedied. 2. An order of perpetual injunction restraining the Defendants, their agents, and/or assigns from interfering with the plaintiff's right to possession and commencement of construction under the lease agreement. 3. An order demanded in the interest of justice, to remedy that part of the term wasted by the Defendants' conduct." The Respondent's case was that on the 1st day of July, 1977, his deceased father entered into a building lease with one Mrs. Motilewa Adumua-Bos...