AHENKRA v. YAMARK

This land dispute concerns a licence granted by Joseph Mensah, a marine engineer, to the defendant to use part of his land at Bubuashie as a fitting shop from 1975 for a monthly fee, later raised to ¢2,000. Mensah subsequently transferred his interest to his son, the plaintiff, who sought a declaration of title, damages, injunction, and ejectment after the defendant refused to vacate and attempted encroachment, including applying to the Town and Country Planning Department for permits. The defendant claimed a possessory licence coupled with interest and heavy development expenditure. The court held the licence was contractual, revocable at common law, but that equity arose because the licensor encouraged certain works (reclamation, two wooden structures, a bathroom, and a wall). The plaintiff, with notice, was bound by the equitable interest. Relief awarded included a perpetual injunction against further development beyond the licensed portion and ejectment conditioned on the defendant’s recoupment of expenditures to be assessed by the Land Valuation Board, with continued payment of ¢2,000 monthly and each party bearing their own costs.