MARY YARBOLEY OKAI & others vs. NICHOLAS TIMOTHY CLERK

The case concerns a house originally owned by Mark George Okai who died intestate in 1939 leaving male and female children. Letters of administration were granted to his eldest son and nephew, both later deceased. In 1945, two daughters of Mark G. Okai leased the house to Nicholas Timothy Clerk for 60 years at an annual rent of sixty pounds. The lessee paid initial sums including one half of the children's share, which was later returned and never repaid. Despite the lease, some children remained in occupation and collected rents, leading to legal action by the lessee for trespass damages, ejectment, and refund of rents collected. The lessee obtained judgment which was affirmed by the West African Court of Appeal (WACA), which ordered the lessee to obtain a planning permit, demolish the existing structure, and rebuild. The lessee failed to comply and ceased paying rent from May 1964. In 1983, the surviving children sued for rent arrears, mesne profits, and forfeiture of the lease for breach of covenant and non-compliance with the WACA order. The lessee died in 1985; letters of administration were granted to substitute defendants in 1992. The case was finally determined in 2002 in favor of the plaintiffs, with appeals dismissed by the Court of Appeal and subsequently by the Supreme Court.

BROBBEY, J.S.C.:This is an appeal from the judgment of the Court of Appeal which had dismissed an earlier appeal from the High Court by the appellants before this court. The facts giving rise to the litigation are as follows: The case concerns a house which was originally owned by one Mark George Okai. He died intestate on 17th September 1939, leaving behind male and female children. On his death, letters of administration were granted to William George Okai, his eldest son, and Samuel Adotei Brown, his nephew. Both died later. On 14th August 1945, two daughters of Mark G Okai entered into a lease agreement with Nicholas Timothy Clerk in respect of that house. The house was leased to the latter for sixty years at a yearly rental of sixty pounds commencing from 1st August 1945. The lessee paid seven hundred and fifty pounds on execution of the lease and another seven hundred and fifty pounds, the latter being one-half of the children’s share. The children’s share was later return...