Amegazo v Kemevor and another

BAMFORD-ADDO JSC.

A lease was made on 23 February 1952 between the Governor of the Gold Coast acting by the Acting Commissioner of Lands, on the one hand, and the plaintiff’s father (deceased) on the other part, a plot of land with a building thereon numbered 331, South Labadi Estate was leased to the plaintiff’s father for a term of 30 years commencing on 1 May 1949 at the yearly rate of twenty nine pounds eight shillings, payable in 12 equal instalments of two pounds, eight shillings on the first day of each month in advance during the continuance of the said term. The plaintiff’s father went into occupation of the house on the commencement of the lease and was later joined in the house by a tenant, being the defendant’s father who paid a monthly rent of five pounds to the plaintiff’s father. The latter moved to Frankadua, his hometown later where he stayed until his death.

In view of the very cordial relationship between the two men when the plaintiff’s father left Accra he entrusted to the defendants’ father the responsibility of making the requisite monthly instalments of two pounds eight shillings to the State Housing Corporation which had taken over the management of the South Labadi Estate from the Ministry of Works and Housing. The balance remaining from the five pounds rent was then paid by the defendants’ father to the plaintiff’s father who visited Accra regularly and lodged at the said house during those visits.

In 1959 the plaintiff’s father offered the house for sale to the defendants’ father for four hundred and fifty pounds (£450). The former wanted payment for the house to be effected in exchange for a corn mill which he wanted to take to Frankadua. The defendants’ father who was then a Manager at UTC bought a corn mill which he sent to plaintiff’s father. The plaintiff’s father brought down with him from the village and made exhibit 1 being the indenture of lease on the house No 331 South Labadi Estate and surrendered same to the defendants’ father to complete the bargain. The defendants’ father went with plaintiff’s father to the State Housing Corporation offices in Accra to request for the formal transfer of title to the house into the defendants’ father’s name but were told that this could not be effected until the whole purchase price of the house had been fully paid to the State Housing Corporation. Since the plaintiff’s father was not in a position to pay off the outstanding balance on the house it was agreed betwee