JOHN BART ADDISON v. HANNA KORDAI ADDY

HONYENUGA J. A.

This is an appeal by the plaintiff/appellant from the decision of the High Court, Accra dated the 17th day of December 2009. The said decision decreed that the lease agreement under which the plaintiff/appellant entered the land had long expired.

The decision also decreed recovery of possession and ejectment of the plaintiff/appellant from the land.

The facts of this appeal are that the plaintiff/appellant claimed to have orally leased a building plot from one Oye Codjoe who is also known as Dunkrong Amartiokor, a fetish priestess for 50 years.

The purpose of the grant was for the construction of a two storey commercial building.

The plaintiff/appellant paid a customary drink of ¢200. 00 (old cedis) or GH¢0. 02 before completion of the building.

He also paid ¢200. 00 (old cedis) a month and a total rent of ¢120, 000. 00 (old cedis) or GH¢12. 00 representing the 50 years duration of the lease without a receipt issued to him.

The said building was later demolished by the City Engineers because there was litigation on the land.

He was rather advised to put a single storey but on 11th July 1987, the lessor died.

The plaintiff/appellant filed a Caveat to the letters of administration applied for by the defendants/respondents because they were interfering with the use of his plot.

The defendants/respondents denied the claim of the plaintiff/appellant.

As a result, the plaintiff/appellant caused the instant writ of summons to be issued against the defendants/respondents claiming as follows: -“1. That the Court orders that plaintiff leased a plot from late Oye Codjoe alias Dunkrong Amartiokor and the plaintiff from his own resource built House No. B 672/6 on the leased plot situate lying and being at Abossey Okai.

2. That the lease is still in subsistence.

3. That an order for account of all monies accruing to the Estate of Deceased who died on 11th July 1987 up to the date of judgment.

4. Alternatively, the refund of the money plaintiff paid to the lessor and money spent to put up the house plus interest on the whole amount.

5. An order for injunction not to distribute the estate without reference to the plaintiff.

6. General Damages for interfering with the enjoyment of the plaintiff lease.

7. An order that the plaintiff is joint owner of the House No. B 672/6 with late Oye Codjoe alias Dunkrong Amartiokor.

8. The Court order that cost be awarded against the Defendants.

9. Damages for breach of contract and misrepresent