Sarhene and Another Vrs Edward Nassar & Co Ltd and Others [2019] GHASC 46 (24 July 2019)

Sarhene and Another Vrs Edward Nassar & Co Ltd and Others [2019] GHASC 46 (24 July 2019)

There is no contractual or statutory right of first option to purchase for the co-defendants as sitting tenants; their claim is unsupported by the tenancy agreements and relevant statutes, so the appeal fails.

Citation
[2019] GHASC 46
Parties
Plaintiff/respondent/respondent: Mrs. Veronica Sarhene; Plaintiff/respondent/respondent: Mrs. Mary Atta Siaw; Defendant/respondent/respondent: Edward Nassar & Co. Ltd. & Ors.; Co Defendant/appellant/appellant: Paul Otchere & 14 Ors.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 July 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Right of First Refusal, Tenancy, Specific Performance, Sale of Property
Source Language
English
Property Law Contract Law Right of First Refusal Tenancy Specific Performance Sale of Property

Case Brief

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Parties

Mrs. Veronica Sarhene

Plaintiff/respondent/respondent

Mrs. Mary Atta Siaw

Plaintiff/respondent/respondent

Edward Nassar & Co. Ltd. & Ors.

Defendant/respondent/respondent

Paul Otchere & 14 Ors.

Co Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether sitting tenants had a right of first option to purchase the property when it was sold to the plaintiffs
  2. 2 Whether such right existed by contract or statute

Ratio Decidendi

There is no contractual or statutory right of first option to purchase for the co-defendants as sitting tenants; their claim is unsupported by the tenancy agreements and relevant statutes, so the appeal fails.

Court Disposition

appeal dismissed

Orders

  • Judgment of High Court dated 26th November, 2013 granting all reliefs to plaintiffs affirmed
  • Judgment of Court of Appeal dated 19th October, 2016 affirmed