GENERAL DEVELOPMENT COMPANY LTD. vs. PETTEH ESSOUN

SUURBAAREH, J.A.: The facts giving rise to this appeal are not in dispute. On 29th October 1975, the Nkisiam Ekisi family of Mpintsim and Sekondi of Ahanta in the Western Region, per its head, KOBINA KWAINSEN, entered into a lease agreement with SAND, GRAVEL AND STONE COMPANY LTD., represented by EMMANUEL ACKAH and PAULINA CRENTSIL, for a period of fifty (50) years. The lease agreement, which was witnessed by two elders of the Nkisiam Ekisi family, including the Defendant/ Appellant, herein simply called hereafter as the appellant, as well as the Secretary of the family. The lease agreement, which contained clauses and convenants relating to the obligations and rights of the parties, included a convenant on the part of the lessee not to assign or sublet or part with any portion of the demised land without the consent of the lessor. The facts also show that SAND, GRAVEL AND STONE COMPANY LTD. on 2nd April, 1985, assigned its interest in the demised land to the Plaintiff/Respond...