BEN MIREKU, GABRIEL TETTEH MIREKU AND KWASI BADU vs. ARCHIBALD OKPON TETTEH, VICTORIA ATSWEI, ELIZABETH AJORKOR AND ADMINISTRATORS OF THE ESTATE OF ADJEI TETTEH

The Plaintiffs, beneficiaries of the estate of the late Kwaku Mireku, held a 32-year lease (from 1965) on Plot No. D 774/3 Okaishie, Accra, originally owned by the late Abraham Narh Tetteh. The lease involved demolition of existing structures and construction of a three-storey building for the lessee and a two-storey building for the lessor. The lease had no renewal clause. After expiry in 1997, the Defendants, successors of the original owner, sought possession. The Plaintiffs claimed unconscionability of the lease terms and statutory tenancy rights, citing improvements made including repairs after fire damage and addition of a fourth floor without lessor's consent.

SOPHIA ADINYIRA (MRS), J.S.C: Delivered the Judgment of the court FACTS The Plaintiffs/ Respondents/ Appellants hereinafter (Plaintiffs) are the beneficiaries and successors of the estate of the late Kwaku Mireku a Kwahu businessman. The 1st, 2nd, and 3rd Defendants/ Appellants/Respondents (hereinafter Defendants) are the children of the late Abraham Narh Tetteh, the original owner of Plot No. D 774/3 Okaishie, Accra, (the subject matter in dispute,) who died in 1941. In November 1965,the late Kwaku Mireku took a lease of the said land for a term of 32 years from Adjei Tetteh a son of the original owner. In accordance with the terms of the said lease agreement, the late Kwaku Mireku demolished existing structures on the land and constructed a three-storey building with stores for his own use which he named Mireku House; and a two storey-house for the use of the lessor. The definite term of the lease was for 32 years without any renewal clause. By a letter dated 15 May 1996, the Defe...