B.P. (WEST AFRICA) LTD. vs. BOATENG [1963]DLSC1997

Date	1963-03-04
Suit No.
Citation No.	[1963]DLSC1997

AKAINYAH J

AKYEA-DJAMSON FOR THE PLAINTIFFS

G. KORANTENG ADDOW FOR THE DEFENDANT.

[1963]DLSC1997
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B.P. (WEST AFRICA) LTD.

[HIGH COURT, ACCRA]

[1963] 1 GLR 232

DATE: 4TH MARCH, 1963.

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COUNSEL:&nbsp;&nbsp;

AKYEA-DJAMSON
FOR THE PLAINTIFFS.

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AKAINYAH J.

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&nbsp;

In this action the plaintiffs’ claim is for a perpetual injunction
restraining the defendant, his servants, workmen or agents from entering upon
the piece or parcel of land situate and being at Nkawkaw lorry park known as a
petrol pump site measuring 45 feet by 32 feet and for £G600 damages for
trespass of which £G101 9s. 9d. represent special damages. The defendant also
pleads that he is in possession of the said land as a lessee of the South Kwahu
Local Council (to the knowledge of the plaintiffs) and counter-claims for £G600
damages for trespass committed by the plaintiffs on the said land.

&nbsp;

The agreed issues are as follows: (a) whether at the date of the
trespass the defendant had a valid lease of the land, the subject-matter of
this suit from the South Kwahu Local Council; (b) whether the defendant
committed trespass on the plaintiffs’ property; and (c) whether the
plaintiff-company are entitled to the reliefs sought.

The facts are that about nine or ten years ago, the Kwahu stool,
by its state council, made an oral customary grant of the land in dispute to
the defendant at a rent of £G9 per annum on condition that as long as he paid
the said rent of £G9 every year the defendant would remain on the said land.
The defendant entered upon the land and built a one-roomed cement block house
and a zinc sheet house thereon for £G800 and commenced trading by selling
minerals and petrol supplied to him by A. G. Leventis Co., Ltd. At the request
of the defendant, that company installed petrol pumps, an electric generating
plant and a compressor on the said land. Four years later, the South Kwahu
Local Council was established.

When the said local council was set up, the defendant was
requested to produce his lease for inspection and upon being told that the
defendant held the land by an oral customary grant, the local council told the
defendant to apply for a written lease because the state council— his
grantor—had ceased to exist and that it had taken over its assets and
liabilities. Consequently the said South Kwahu Local Council granted a lease to
the defendant for a term of five years. There is no evidence of the terms and
conditions, if any, of the said lease.

When the defendant’s said lease was coming to an end by effluxion
of time, the plaintiffs told him that they would like to do business with him
and therefore he should renew his said lease. In due course, the defendant
obtained a new lease (exhibit 2) for a term of ten years certain from the 16th
March, 1961, at a rent of £G36 per annum. At their request, a copy of the said
lease was given to the plaintiffs and they gave to the defendant a receipt
(exhibit 3) dated the 22nd March, 1961, which reads as follows: “Received from
Kwame Boateng on behalf of B.P. one copy of his agreement with the Nkawkaw
Local Council allowing him to hold his land in the lorry park for a period of
ten years.”

Without telling the defendant that they had changed their mind and
were no longer interested in doing business with him, and unknown to the
defendant, the plaintiffs started negotiations with the said South Kwahu Local
Council at the beginning of 1962 with a view to getting a lease of the same
piece of land (known to them to be in possession of the defendant) to be
granted to them. Consequently the said local council gave a written notice
(exhibit B) dated the 5th April, 1962, to the defendant to the effect that his
lease (exhibit 2) would be terminated on the 5th May, 1962. By a letter dated
the 2nd May, 1962 (exhibit C) the defendant protested to the council that the
said notice was not in order and maintained that he lawfully held a tenancy for
a period of ten years.

By an indenture of lease (exhibit A) dated the 8th May, 1962, the
said local council demised the said land in dispute together with the
defendant’s buildings thereon to the plaintiffs for a term of ten years, at an
increased rent of £G60 per annum, Emmanuel Sakitey Nyarko (P.W. 1), clerk of
the said local council said that, although exhibit C was dated the 2nd May,
1962, the defendant handed it to him on the 9th May, 1962, (a day after the
said council had granted the lease, exhibit A to the plaintiffs.) By their
letter dated 9th May, 1962, (exhibit F) the plaintiffs informed the defendant
that by an agreement dated the 8th May, 1962, the land in dispute was leased to
them therefore he should vacate the said “premises” forthwith to enable them to
commence development. He was also warned that his continued occupation of the
said premises would constitute a trespass on their property.