N. T. CLERK OF ACCRA. v. WILLIAM GEORGE OKAI AND OTHERS
1950
HIGH COURT
GHANA
CORAM
- Coussey, J
Areas of Law
- Contract Law
- Property and Real Estate Law
- Equity and Trusts
1950
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the family property of M. G. Okai's family, where a settlement had been made for children to receive half of the property’s rent after an earthquake damaged it. A 60-year lease was negotiated by the plaintiff, and the payment was done with the Rev. Mr. Mettle managing the funds. The defendants claimed the lease was unauthorized and unfavorable, leading to legal disputes. The court found that the co-defendants were aware and authorized the lease through representatives. The terms of the lease were not found to be unconscionable to warrant voiding the agreement. The plaintiff was awarded damages and costs.
Later, by a further Order, the name of Georgina was deleted and it fell to Samuel Adotei Brown for the family and W. G. Okai for the children of the deceased to carry out paragraph 1 of the Settlement set out above. The children gained an advantage by this Settlement. They were placed in a position to receive a half share of the rents of their late father's properties, but it is clear that the oldest son W. G. Okai was to act for all of them in administering the real and personal property. Before the death of M. G. Okai the house in question was affected by an earthquake and in consequence, the whole upper floor, that is the upper storey of the premises, was demolished. There is no doubt that the whole structure of the premises was weakened by the earthquake. There followed negotiations with a Syrian named Aziz. The children and family were acting through an auctioneer by the name of Sackey for a long Lease of the property. It is admitted that all the children, including the codefendants, were aware of the negotiations with Aziz. A draft Lease was taken to Mr. Bossman who was acting for the children and he advised against the terms of the Lease. The Revd. J. J. Mettle stood in the position of an uncle to the children and he was so regarded by them because he claimed to be a cousin of their late father, and he advised that as the persons interested would not themselves be able to restore the premises another lessee should be sought who would take the property on better terms than Aziz. One S. K. Sackey was then empowered by the defendants (William George Okai, Mary Okai and Georgina Yarboley Okai) to find a lessee. He introduced the plaintiff to the defendants and the plaintiff and the Revd. Mr. Mettle went to the property with Mr. Sackey. There can be no doubt that the children living in the house at that time were aware that the plaintiff was negotiating for the Lease of the premises instead of Aziz whose terms proved unacceptable. There is no doubt also that the principal persons in the negotiations were the three defendants already mentioned and the Revd. Mr. Mettle. In cases of this nature where a group of persons, each pursuing his own daily affairs, are negotiating a contract, it must be left necessarily to some of the group to negotiate the terms.
The main issue in this case is whether the co-defendants who were joined at a certain stage of this suit had knowledge of, and were consenting parties to the Lease. The plaintiff's claim is that by the Le