MANTRAC GHANA LIMITED vs. BATIMAT LIMITED

The plaintiff sought to recover possession of commercial premises from the defendant. The dispute centered on the terms governing their tenancy. Plaintiff relied on a written agreement dated 1 May 2003 (Exhibit A) as the sole agreement, while defendant contended that an earlier oral agreement governed the tenancy, alleging undue influence in procuring the written agreement. Defendant claimed a 10-year lease with 2 years rent-free occupation starting 1 May 2002, supported by correspondence including a letter dated 22 January 2003 (Exhibit 4). Defendant also claimed compensation for renovations made to convert the premises from a warehouse to a showroom. Plaintiff denied the oral agreement and undue influence, asserting Exhibit A contained all agreed terms, including a 5-year lease with an option to renew, and disputed the compensation claim except for a reasonable refund.

OFOE,J.A.: We need to remind ourselves that an appeal, as is common legal knowledge is by way of rehearing and this casts a duty on an appellate court to review the whole evidence on record whether the trial court has in anyway faltered as to give cause to upholding the appeal lodged by the appellant. The powers of the appellate court in reviewing the whole evidence and when these powers would be exercised in interfering with the trial court’s findings have been expounded in several authorities. Few of these cases are Gregory vrs Tanoh IV & Hanson (2010)SCGLR971 at 985 Obeng vrs. Assemblies of God Church (2010) SCGLR300, Achoro vrs Akanfela (1996-97) SCGLR209, Akufo Addo vrs Catherine(1992)1GLR377 and Koglex(No 2) vrs Field(2000)SCGLR175. Taking note of holdings in these authorities we proceed to examine the appeal before us. Plaintiff/respondent was in the High Court seeking to recover possession of its commercial premises from the defendant/appellant. We will in this judgment ma.....