ANTIE CECILIA & 19 OTHERS (DEFENDANT/APPELLANTS) vs. ALL STATE CONSTRUCTION CO. LTD (PLAINTIFF/RESPONDENT) AND ALEX OPOKU AGYEMANG & 31 OTHERS (DEFENDANT/APPELLANTS) vs. ALL STATE CONSTRUCTIONN CO. LTD (PLAINTIFF/RESPONDENT)

The plaintiff, All State Construction Co. Ltd, entered into a Memorandum of Understanding with the Kumasi Metropolitan Assembly (KMA) for the construction of a Multi Shopping Mall Complex at Kejetia Lorry Park, Kumasi. The plaintiff claimed legal and equitable ownership of the property and alleged that the defendants, who occupied various stores within the complex, were tenants who had refused to pay rent since 2005, accruing arrears of approximately Gh¢100,000. The defendants contended that they had pre-financed the construction and acquired permanent ownership of their respective stores through payments made to the plaintiff's agent, Elvis Owusu (aka Oga), and thus were not tenants liable for rent. The plaintiff denied authorizing any permanent transfer of ownership and maintained that the payments were 'Good Will' or rent advances. The dispute centered on the nature of the defendants' interest in the property and their obligation to pay rent.

DZAMEFE, JA This is a consolidated suit numbers TIRL/K/60/09 and TIRL/K/60/09. The plaintiff/respondents in both suits, simply referred to as the plaintiffs issued this writ against the defendants/respondent simply referred to as the defendants, jointly and severally for the following reliefs: - 1. A declaration that in terms of the Memorandum of Understanding duly executed between the plaintiff and the Kumasi Metropolitan Assembly (KMA) dated the 25th day of September, 2003 and 20th day of September, 2003 regarding the construction of the Multi Shopping Mall Complex per Kumasi Metropolitan Assembly reference No. ODU/SEC.11/03/9/1 and building permit No.428/05 covering ALL that parcel of land more particularly measuring approximately 480ft North-West, 390ft North-South, 405ft North-East and 290ft South-West respectively, more particularly located at Kejetia Lorry ark Opposite the Kumasi Zoo, both the legal and equitable interest/title are vested in the Plaintiff with the reversionar...