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The Supreme Court has dismissed a review application filed by Yaw Boakye, son of the late Edward Osei Boakye of Boakye Mattress fame, challenging a ruling requiring him to pay outstanding rent amounting to $2.5million to the Edward Osei Boakye Trust Fund, which was set up under the Will of the late business magnate.

On July 21, this year, the apex court gave the trustees of the Trust Fund the green light to take steps to retrieve $2.5 million from Yaw Boakye which was total unpaid rent over a building which he (Yaw Boakye) had failed to pay as part of consent judgment agreed between him and the trustees.

Apart from collecting the unpaid rent, the court also gave the trustees permission to take over an office space in the commercial building, located between Opeibea House and Golden Tulip Hotel, Accra. This is another outstanding obligation of Yaw Boakye under the consent judgment.

Application dismissed

Yaw Boakye challenged the decision of the Supreme Court through a review application.

However, in a unanimous decision on Tuesday, November 30, 2021, a seven-member panel of the apex court, presided over by Justice Jones Dotse dismissed the application.

The court did not give reasons for its decision but said the ruling will be filed at the court registry by December 10, 2021.

Other members of the panel were Justices Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Avril Lovelace Johnson, Clemence Jackson Honyenuga and Issifu Omoro Tanko Amadu.

Edward Osei Boakye died in 2006 and at the time of his death the building was uncompleted.

The first court case in relation to the building was filed on October 17, 2008, by the trustees challenging the validity of a letter purportedly written by the executors of the estate of the late businessman, allegedly allowing Yaw Boakye to complete and take over the building.

The trustees lost at the High Court, but won at the Court of Appeal in 2011 after the second-highest court of the land held that per the will and testament of the deceased, the building was supposed to be given to Edward Osei Boakye Trust Fund, which is managed by the trustees.

The Court of Appeal, therefore, ordered Yaw Boakye to cease all construction works on the property, and also vacate it.

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