LIZA WIAFE vs. HAJIA AMUDULATU AKWELEY OPARE ADDO AND BROOKMAN AMISSAH [2016]DLHC11663

Date	2016-12-21
Suit No.	SUIT NO: TRLD 34/10
Citation No.	[2016]DLHC11663

HIS LORDSHIP ALHAJ JUSTICE ABDULLAH IDDRISU

MANDY KWAKUME FOR KWEKU PAINTSIL (FOR PLAINTIFF)

PHILIP DJIMANOR FOR TONY LITHUR (FOR 1ST DEFENDANT)

ADJABENG AKRASI FOR (19TH – 21ST DEFENDANTS)

[2016]DLHC11663
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													<main id="main" class="content" style="min-height: 60rem" >LIZA WIAFE<o:p></o:p>vs.<o:p></o:p>HAJIA AMUDULATU AKWELEY OPARE ADDO AND BROOKMAN AMISSAH<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 0cm 0cm">SUIT NO: TRLD 34/10&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 21ST
DECEMBER, 2016<o:p></o:p>

</div>COUNSEL<o:p></o:p>MANDY
KWAKUME FOR KWEKU PAINTSIL (FOR PLAINTIFF)<o:p></o:p>PHILIP
DJIMANOR FOR TONY LITHUR (FOR 1ST DEFENDANT)<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

ADJABENG AKRASI FOR (19TH – 21ST
DEFENDANTS)<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP ALHAJ JUSTICE ABDULLAH IDDRISU<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGEMENT<o:p></o:p>

</div>&nbsp;The plaintiff in her amended
writ of summons and statement of claim filed on 7th May, 2012 pursuant to the
order of this court made on 27th March, 2012 seeks the following reliefs
against all the defendants, jointly and severally:<o:p></o:p>i.
Declaration that the plaintiff remains a lessee of the demised premises with a
subsisting 25 years lease subject to renewal;<o:p></o:p>ii.
Declaration that whatever interest that anybody including the 1st defendant,
acquires in the demised premises is subject to the plaintiff’s interest.<o:p></o:p>iii.
An order directed to the lessor’s estate to renew the lease for a further term
of 25 years pursuant to clauses 1 and 7(a) of the Lease Agreement;<o:p></o:p>iv.
An order directed to the 2nd – 18th defendants to continue with their
subsisting sub tenancies with the plaintiff;<o:p></o:p>v.
Declaration that the request to 2nd to 18th defendants to attorn tenancy
directly to the 1st defendant is a breach of contract and unlawful.<o:p></o:p>vi.
Damages for breach of contract.<o:p></o:p>In her amended statement of
claim, the plaintiff states that she was and is at all material times the
successor in title of the original lessee of House No. 979/3, Knutsford Avenue,
Accra (herein after referred to as the demised premises). She states that the
1st defendant purports to be the purchaser and present owner of the demised
premises and that the 2nd – 18th defendants were at all material
times sub-tenants in the demised premises by virtue of sub-tenancy agreements
executed with the plaintiff.<o:p></o:p>Plaintiff avers that by a
lease agreement dated 22nd August 1957, made between Stephen Coleman (now
deceased), therein as the lessor of one part and Waffic Hassan Jojo (now
deceased) therein lessee of the other part, the demised premises was leased to
the lessee for a term of 50 years commencing from 22nd August 1957 upon terms
and conditions provided there-under.<o:p></o:p>She avers further that
Clauses 1 and 7(a) of the lease agreement provided that on the expiration of
the 50 years lease, the lessee shall have the option of continuing the tenancy
for a further term of twenty-five years, the said option to be exercised by
notice in writing to the lessor at least three calendar months before the
expiration of the lease.<o:p></o:p>It is the plaintiff’s case
that the Lessor died on a date unknown to her, however beginning from about 2005,
Ken Brookman-Amissah, Esq. represented to the plaintiff that he had been
appointed the lawyer for the Lessor’s estate with instructions to deal with the
plaintiff.<o:p></o:p>On the basis of Kenneth
Brookman-Amissah’s representation the plaintiff paid outstanding arrears of
rent to him for onward transmission to his clients, the presumed lawful
administrators or executors of the lessor’s estate.<o:p></o:p>Further, by letters dated
16th August 2006 and 18th May 2007, plaintiff says she gave notice to the
presumed administrators or executors of the lessor’s estate through Kenneth Brookman-Amissah
of her intention to renew the lease, pursuant to Clauses 1 and 7(a) of the
lease agreement. This was without prejudice to the plaintiff’s attempt to
purchase the demised property. <o:p></o:p>That by a letter dated 16th
December, 2007 addressed to the 2nd to 18thdefendants, Ken Brookman-Amissah
gave notice to the 2nd – 18th defendants that the demised property had been
sold to the 1st defendant and that all the said sub tenants must hence forth
attorn tenancy to the 1st defendant, in consequence of which the 2nd – 18th
defendants have refused to recognize the plaintiff as the Lessee or sub-lessor
of the demised premises.<o:p></o:p>The plaintiff joined issues
with the 1st, 8th – 15th defendants on their defence and counter claim and
denied the 1st defendant’s counter claim. She states in general response to the
defendants defence that it is a patent falsehood that Kenneth Brookman-Amissah
is or was ever a lawful administrator of the estate of Stephen Coleman
(deceased). That Kenneth Brookman-Amissah purportedly conveyed the disputed
property to the 1st defendant by a Deed of Conveyance dated 5th July
2007 when the plaintiff’s lease had not expired and sees this as evidence of
collusion and extreme bad faith on his part and that of the 1st defendant.<o:p></o:p>The plaintiff in her reply
to the 19-21st defendants statement of defence and her defence to their
counterclaim joined issue with them on their defence. In denying paragraph 3 of
the defence she states that not only is the plaintiff the beneficiary of the
testate estate of her deceased father in respect of the property, subject
matter of dispute but the defendants are estopped by conduct from denying the
plaintiff’s capacity by reason of several courses of dealings between their
acclaimed representative, Kenneth Brookman Amissah and the plaintiff at all
material times prior to </main>