[2009]DLSC2477 • July 29, 2009 • Supreme Court •
AMPRATWUM MANUFACTURING CO. LTD. vs. DIVESTURE IMPLEMENTATION COMMITTEE
The appellant, a limited liability company engaged in manufacturing shoulder pads, rented a purpose-built cloakroom from the now defunct GIHOC Footwear Company Limited (the Landlord) in 1996 under a tenancy agreement for four years, terminable by one month's notice. In 1997, the appellant sought and obtained permission to use adjacent vacant spaces for installing heavy machinery, paying a fee for this temporary structure. Upon expiry of the initial tenancy, a new agreement was entered into in 2000 for a warehouse (excluding the temporary structure) at a monthly rent. Shortly after, the Landlord was put on divestiture by the Government of Ghana through the Divesture Implementation Committee (DIC). The appellant bid to purchase the property but received no response. In 2004, the appellant was notified that the Landlord had been divested to a foreign company and that their tenancy would not be renewed. The appellant claimed compensation for the temporary structures erected but was denied. The appellant filed suit claiming recovery of costs for the extensions, interest, and an injunction against eviction.
read moreBAFFOE-BONNIE,J.S.C:- The Appellant a limited liability company involved in the business of manufacturing shoulder pads rented a purpose-built cloak room from now defunct GIHOC Footwear Company Limited, hereinafter called the Landlord, in 1996. The Tenancy agreement was to last for a period of 4 years and it could also be determined by a month’s notice to a party. On 7th August 1997 as a result of importation of heavy machines from Germany the Appellant sought permission for the use of vacant spaces on each side of the cloak room for the installation of the machines. This permission was granted by a letter dated 15th August 1997, titled ERECTION OF TEMPORARY STRUCTURE. The fee charged for this space was Six hundred thousand cedis( page 92 of the record) Upon the expiry of the term of tenancy, a new agreement was entered into between the Landlord and the Appellant which was to commence on the 1st of August 2000 to 31st December 2004 at a monthly rent of Three Hundred thousand ced.....