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LEO LAWOE AMEGASHI II v. FRANCIS AMIHERE & ANOTHER

2012

COURT OF APPEAL

GHANA

CORAM

  • S.K.MARFUL-SAU, J.A (PRESIDING)
  • C.J.HONYENUGA, J.A
  • DENNIS ADJEI, J.A

Areas of Law

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

AI Generated Summary

On appeal from the Circuit Court in Sekondi, the Court of Appeal (per Dennis Adjei, J.A., with Marful-Sau, J.A., and Honyenuga, J.A. concurring) affirmed judgment for the original lessee of a Kojokrom Stool plot. The executed lease between the plaintiff and the Kojokrom Stool contained only a re-entry clause tied to non-payment of rent; no development covenant existed. The Lands Commission later inserted, in a schedule to its consent and concurrence, a two-year development condition, but the court held this was not part of the lease and outside the Commission’s statutory remit. Notices of re-entry issued by the co-defendant failed to specify any breached lease clause and could not justify forfeiture under section 29 of NRCD 175. Moreover, “otherwise” in section 29 does not authorize self-help re-entry; lawful process is required. After purported re-entry, the co-defendant sold to the defendant, but nemo dat barred any better title, and the defendant, on notice of the plaintiff’s interest, was not a bona fide purchaser. His continued development constituted trespass; damages were upheld; the appeal failed.

JUDGMENT