NII ASHIKWEI KWAOBOTSWE II vs. SABAH ESTATE DEVELOPMENT LTD. & ANOR

JUDGMENT This suit was originally instituted by Jerry Nii Armah Mensah who upon his demise was substituted by Nii Ashiekwei Kwaobotwe II. The plaintiff, in his capacity as the head of family of Lenshie Quarter and acting Dzasetse of Teshie entered into agreement with the 1st defendant over a large tract of land which was leased to the 1st defendant. The 1st defendant did not dispute that it had not paid the full consideration for the land leased as agreed upon by the contract, but the reason the 1st defendant gave for non-compliance with stipulations under the terms of the agreement including payment of the sum required was that it had contesting claims over the leased property by the military, precisely the Ministry of defence and La Youth Association. From the evidence however, there is an indication that the 1st defendant had obtained title to the land from the Land title Registry and has been dealing with the land without any hindrance but also without settlement of the agreed con...