Murphy Wiredu and Portia Wiredu v. Anthony Ansah and 2 Ors
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE K. A. GYIMAH
Areas of Law
- Property and Real Estate Law
- Contract Law
- Evidence Law
- Civil Procedure
AI Generated Summary
Murphy Wiredu and another, existing tenants in one shop along the Kwashieman stretch of the George Walker Bush Motorway in Accra, sued property owner Muhib Ansah, his brother, and subsequent occupant Reuben Dzotepe to enforce an alleged oral agreement for a future five‑year lease of a second shop. In June 2012, based on Ansah’s representation that the current tenant would vacate in two years, the plaintiffs paid GH₵5,000 toward an agreed GH₵8,000 rent advance, intending to pay the remaining GH₵3,000 upon vacant possession. When the shop became available in October 2014, the 2nd defendant advertised and, while the suit was pending, let the shop to Dzotepe for five years from 10 January 2015 under a written tenancy agreement, with a GH₵17,000 receipt issued by Tony Ansah Enterprise. Applying section 2 of the Conveyancing Act and equity’s part‑performance doctrine, Justice K. A. Gyimah found the plaintiffs failed to prove an enforceable oral contract, citing the documented course of dealings and lack of receipt or corroboration for the GH₵5,000 payment. The claims were dismissed and costs of GH₵5,000 awarded to the defendants; the court also observed that reversionary leases are legally possible but were not proven here.