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ERNESTINA GBAAGONAH v. KOKU SMITH

February 26, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

Mr. Justice S. H. Ocran of the High Court determined a land dispute involving a workshop operator and a landowner at La near the Trade Fair Site in Accra. The parties had a five-year, non-renewable tenancy beginning 1 January 2004. During the tenancy, the landowner offered first option to purchase conditioned on a $3,000 commitment fee due 31 March 2006, later extended to 30 September 2006. The occupier paid only part of the fee and claimed the landowner failed to provide a site plan; the court found a site plan annexed to the lease and removed from the occupiers copy. The land was subsequently sold to a third party and the occupier was notified to vacate by 31 December 2008. The court held the occupier breached the sale arrangement, ordered vacant possession and mesne profits at GH820 per month, dismissed damages and the counterclaim for development refunds and interest, and awarded GH81,500 costs.

JUDGMENT