QUARCOO AND ANOTHER v. AFRANIE II

Ampiah J.A. delivered the judgment of the court. The plaintiffs claimed as the executors of the will of A.A. Mensah, the undisputed owner of house No. 35, Accra New Town Road, Kokomlemle, Accra popularly known as "Hotel de France." By an oral agreement, the late A.A. Mensah rented the above-named house to Nana Kwasi Afranie, the defendant in the action. Before his death the late A. A. Mensah took action against the defendant to recover the said house for use by him in his business. The late A.A. Mensah was a hotelier and owned the Aams Hotel. Unfortunately before the case could be concluded, Mr A. A. Mensah died. The plaintiffs herein were substituted for the late A.A. Mensah after they had taken probate of the will of the late A. A. Mensah as executors. Judgment in that case was given against the plaintiffs who appealed to the Court of Appeal.

On 29 July 1987, the Court of Appeal dismissed the appeal on the ground that the late A.A. Mensah had not given the defendant the required six month’s notice to quit and also, that he had not proved that he reasonably required the premises for his business use.

The plaintiffs herein as executors and trustees were required under the will of A.A. Mensah to vest the property in dispute in the widow and son of the late A. A. Mensah for their use as a hotel. Until the property was thus vested in the beneficiaries, the plaintiffs were to recover it and continue with the business of the late A.A. Mensah; this applied to the two hotels of the late A.A. Mensah. Consequently, by a fresh notice issued by the plaintiffs, the defendant was given six months' notice from 31 July 1987 to 31 January 1988 to quit the said premises which were required for use by the widow and son for the hotel business. This notice was issued on 30 July 1987.

[p.287]

The defendant failed to quit the premises as required. Up to the time the writ was issued, the defendant had not given up possession of the premises. The plaintiffs therefore claimed against the defendant, for:

"1. Recovery of possession of house No 35, Accra New Town Road, Kokomlemle, Accra popularly known as the Hotel de France.

2. A perpetual injunction restraining the defendant whether by himself, his servants, agents, privies, whomsoever or otherwise from entering or remaining upon or in any manner whatsoever interfering with the plaintiffs' possession of the premises.

3. Mesne profits for the defendant's occupation and use of the said premises.

4. Further or other relie