TENEWAAH vs. MANUH [1962]DLHC1719

Date	1962-11-15
Suit No.
Citation No.	[1962]DLHC1719

BANNERMAN J.

WIREDU FOR THE PLAINTIFF-APPELLANT.

ABOAGYE FOR THE DEFENDANT-RESPONDENT.

[1962]DLHC1719
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">TENEWAAH<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">MANUH <o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p>[1962] 2 GLR 143<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 15TH NOVEMBER, 196.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

WIREDU
FOR THE PLAINTIFF-APPELLANT.<o:p></o:p>

ABOAGYE
FOR THE DEFENDANT-RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

BANNERMAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
BANNERMAN J.<o:p></o:p>This is an appeal from a the judgment of the circuit court in
which the circuit judge restored the judgment of the local court magistrate.
From the evidence and the respondent’s claim the whole action turned on whether
the grant by the respondent to the appellant of the land in question was a gift
or a licence. Counsel for the appellant has argued strenuously that the grant
to the appellant was a gift in which case the respondent cannot retake the land
he has given to the appellant. Counsel has also argued that assuming the
alleged grant was not a gift, once the appellant admits he gave a portion to
the respondent and allowed her to farm on it, that permission in law amounts to
a licence. Counsel for the respondent has submitted that the concurrent
findings by the local court magistrate and the circuit judge that the grant was
a licence should not be interfered with.<o:p></o:p><o:p>&nbsp;</o:p>I am persuaded to hold that the grant which the respondent made to
the appellant was a licence. The question now is whether it is lawful for the
respondent to deprive the appellant of possession of the farm. This point was
not taken by the local court magistrate or the circuit judge. In equity, a
licensee who has given valuable consideration is treated as though he had a
valid grant and since the Supreme Court of Judicature (Consolidation) Act,
19251(1) it is even irrevocable.<o:p></o:p><o:p>&nbsp;</o:p>When we remember that the respondent received £G2 4s. from the
appellant as aseda which he said was not enough and later it was made up to £G6
4s. with a further four shillings paid by the appellant to the witnesses, we
can come to no other conclusion than that this licence, if revocable at all,
had to be revoked lawfully. How a revocable licence may be revoked was
discussed by the Privy Council in the case of The Canadian Pacific Railway v.
The King2(2) where it was stated, “whether any and what restrictions exist on
the power of a licensor to determine a revocable licence must, their Lordships
think, depend upon the circumstances of each case.” The general proposition
would appear to be that a licensee whose licence is revocable is entitled to
reasonable notice of revocation. For this proposition reference may be made to
Cornish v. Stubbs3(3) and Mellor v. Watkins4(4) where Blackburn J. stated that
a person giving a revocable licence, “is bound to give the licensee reasonable
notice.”<o:p></o:p><o:p>&nbsp;</o:p>When the exercise of the rights conferred by the licence involves
nothing beyond, there can be no reason to urge against the existence of a power
to determine the licence brevi manu at the will of the licensor.<o:p></o:p><o:p>&nbsp;</o:p>But the exercise of the rights may have involved the licensee in
obligations in other directions, which the determination of the licence would
disable him from fulfilling, unless the licence were determined after a notice
sufficient, in point of time, for the making of substituted arrangements.<o:p></o:p><o:p>&nbsp;</o:p>I am of the opinion that the respondent should at least have given
notice to the appellant if he wanted to revoke the grant. For this reason I
would allow the appeal with costs of this appeal assessed at 30 guineas. Costs
of the circuit court if paid to be refunded. Costs of the local court to be
taxed.<o:p></o:p>