ADOLF TAWIAH WELBECK VS DANIEL ASIBU & ANOR
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J.
Areas of Law
- Contract Law
- Property and Real Estate Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff claimed that the 50-year lease of property granted to the defendants' father expired without renewal. The defendant argued that their father had exercised an option to renew the lease. The key issues were lease validity, whether rent was paid, and property maintenance. The court confirmed that the lease existed, had been renewed for another 20 years, and all rent was paid. It was also held that while the defendants did not maintain the property, the plaintiff could not reclaim it due to not serving a re-entry notice. Thus, the claims failed and costs were awarded to the defendants.
By his amended writ of summons, the plaintiff claims against the defendants jointly and severally as follows:
“A declaration that the 50 years lease dated 10th November, 1949, between Rachel Afiyea Welbeck and John Kobina Asibu has expired.
A declaration that since the defendant failed to seek for the renewal of the said lease dated 10th November, 1949, the defendants’ occupation of the property is unlawful.
An order ejecting the defendants from the said property no. D499/3 Knutsford Avenue, Accra, which consists of 12 shops.
General damages for trespass.
An order for perpetual injunction against the defendants, their assigns, agents, and all people claiming through the defendants from dealing in any manner with the property, the subject matter of this suit.”
It is the case of the plaintiff, who is the 6th child of the lessor, Rachel Afiyea Welbeck (Deceased), that on the 10th day of November 1949, a lease agreement was executed covering the disputed property between his late mother and the late father of the defendants, one John Kobina Asibu. The defendants are the beneficiaries of the estate of the late John Kobina Asibu, and the 1st defendant has presented himself as the administrator of the estate of their late father. The 2nd defendant lives in the disputed property. The 50 years lease expired in 1999. The last rent the defendants paid was in the sum of two pounds (£2). The defendants have woefully failed to maintain the disputed property and to keep it in a tenantable condition. Notices given to the defendants to yield up vacant possession have all failed. The defendants denied the claim of the plaintiff as endorsed on the writ of summons and in the amended statement of claim. The defendants contended that their late father acquired bare land and used his own resources to build the property in dispute. Their late father released portions of the property due to the lessor to her, and she never complained. The lease agreement is dated 10th November 1949; it is for a term of 50 years with an option to renew for another 20 years at the same rent, terms, and conditions. The defendants allege their father paid the rent after giving notice of exercising his option of renewal. Rents payable for the first 10 years were paid in November 1949 to cover the period up to October 1959. The balance was paid by their late father to one Ebenezer Welbeck. In 1960, rent was paid to one R O Welbeck, and subsequent ground rents were paid to one Alhaji M A Akwei and