[2010]DLSC17957 • May 5, 2010 • Supreme Court •
ARYEH & AKAKPO vs. AYAA IDDRISU
The plaintiff, Tetteh Ayaa Iddrisu, claimed interpretation and enforcement of an agreement dated 29 September 1993 concerning payment for use of land. The defendants, Otuafro Aryeh and Tenmote Akakpo, counterclaimed challenging the plaintiff's capacity to sue, the validity of a land grant, and the agreement's validity. The High Court ruled in favor of the plaintiff, ordering payment of rent and compensation for encroached residential plots. The defendants appealed, contesting the judgment on grounds including evidence weight, validity of land grant, and duress in signing the agreement.
read moreJUDGMENT BROBBEY JSC delivered the judgment of the court. In its judgment dated 28 February 2008, the Court of Appeal dismissed the appeal of the defendants-appellants-appellants (hereafter referred to as the defendants) lodged against the judgment of the High Court presided over by Ofoe J (as he then was). The plaintiff-respondent-respondent, Tetteh Ayaa Iddrisu (hereafter referred to as the plaintiff) claimed the following reliefs in the High Court: (i) "an interpretation of the contents of the agreement reached between the parties on 29 September 1993; (ii) an order to enforce the terms of the agreement; and (iii) interest at the prevailing bank rate on the amount to be paid since 30 September 1993." The first and second defendants, Otuafro Aryeh and Tenmote Akakpo, respectively, counterclaimed for: (i) a declaration that the plaintiff had no capacity to institute the present action; (ii) a declaration that to the extent that the grant evidenced by document No ...