[2011]DLSC6385 • February 9, 2011 • Supreme Court •
BEN MIREKU & ANOR. vs. ARCHIBALD OKPON TETTEH & 3 ORS.
The plaintiffs, beneficiaries of the estate of the late Kwaku Mireku, leased Plot No. D 774/3 Okaishie, Accra, from the defendants, children of the original owner who died in 1941. The lease was for 32 years starting in 1965 with no renewal clause. The lessee demolished existing structures and built a three-storey building for his use and a two-storey building for the lessor. After a fire in 1984/85, the lessee repaired and added a fourth floor without the lessor's consent. Upon lease expiry in 1997, defendants sought possession; plaintiffs sought lease renewal or declaration as statutory tenants.
read moreSOPHIA 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, th...