[2014]DLHC8217April 16, 2014High Court

ELIZABETH NSIAH vs. LANDS COMMISSION & OTHER

The bone of contention in this suit is House Number OTB, 360, Kumasi. The plot on which it stands was originally the subject of a lease between the then Governor of the Gold Coast Colony and one Chief Yaw Berdjua of Kumasi referred to in this action as the Atenehene at the time the property was leased to him. The lease is in evidence as exhibits ‘A’ and ‘1’, tendered by the plaintiff and 1st defendant respectively. It is dated 16th April, 1935, and the property was leased to him to hold for a term of fifty years from 1st January, 1935. On17th November, 1936, Chief Yaw Berdjuah executed a sublease of the unexpired term of the head lease in favour of one Naja David. The bare land was conveyed to him and, undoubtedly, he constructed the building on it in contrast with the blatant falsity of the defendants that it was the Atene stool which did. Be that as it may, the Administrator of the estate of Naja David, one Wardi Naja David, surrendered the interest of Naja David to the Atene...