[2009]DLCA7753July 23, 2009Court of Appeal

BEN MIREKU, GABRIEL TETTEH MIREKU AND KWASI BADU (PLAINTIFFS/ RESPONDENTS/ APPELLANTS) vs. ARCHIBALD OKPON TETTEH, VICTORIA ATSWEI TETTEH, ELIZABETH AJORKOR ADMINISTRATOR OF THE ESTATE OF ADJEI TETTEH (DEFENDANTS/ APPELLANTS/ RESPONDENTS)

AYEBI J.A. The facts of this case are not in controversy because they are derived from a documentary lease tendered in evidence. Arising from the facts, two issues call for resolution at the trial court and in this appeal as well. They are whether or not the said lease is unconscionable and whether or not the court can by its order revise or extend the said lease. The two issues are based on the original claim and indeed the overriding relief the plaintiffs seek which is that the court should make “an order varying the terms of the lease dated 2nd October 1965, between ADJEI TETTEH and KWAKU MIREKU on the grounds of unconscionability”. Subsequent events after the execution of the lease also influenced this claim. The appellants in this appeal are the defendants but plaintiffs have also cross-appealed. For ease of reference therefore, I will refer to the plaintiffs/respondents/ appellants simply as plaintiffs and defendants/appellants/respondents as defendants. The plaintiff...