LAVA LIMITED v. VANOS ENTERPRISE & 9 ORS.

This appeal concerns Lava Ltd., a retail company that bought the SERI/SAT property in Central Accra from Unilever for US$235,000 under a written sale. Unilever had earlier served notices to quit on statutory tenants and alleged squatters occupying the shops; several occupants stayed on and refused to submit tenancy agreements or to recognize Lava Ltd. as their new landlord. At trial, defendants claimed sitting or statutory tenancy status linked to historic dealership arrangements with G.B. Ollivant, asserted superior interests (particularly the 4th defendant under Exhibit 22), and alleged discrimination, a right of first option to purchase, and estoppel based on pending litigation. Appau J awarded mesne profits and recovery of possession. On appeal, Akoto-Bamfo J.A. (presiding) held that Exhibit 22 reflected an ordinary tenancy, the Rent Act provisions were inapplicable and bound by prior interlocutory ruling, denial of landlord’s title triggered forfeiture, and mesne profits were proper. Anin Yeboah, J.A. concurred, noting appellants obstructed title registration and could not benefit from their own wrong. The Court of Appeal dismissed all appeals and affirmed recovery of possession.