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JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to recovery of rent and land.
2. The plaintiff described himself as the owner and lessor of the land in question. The
defendant is a limited liability company registered under the laws of Ghana and
deals in telecommunication systems. What connects the parties herein is a lease
agreement dated 23rd February, 2009 intended for a 10year period.
3. On 14th June, 2021 the plaintiff instituted this action against the defendant for the
following reliefs:
“a. Payment of the outstanding rent of GHS35,600.00 being the sum left unpaid
on the total rent period of 10years.
b. Payment of an appreciation sum of the rent being GHS17,800.00 which is
fifty-percent (50%) of the aforementioned rent outstanding.
c. Interest on the above sum at the prevailing bank rate from 23rd February,
2009 to date of final payment.
d. Recovery of possession of the said land.
e. An order for interim injunction to restrain the defendants, their agents,
servants and assigns from interfering with the plaintiff’s said land.
f. Costs, including legal fees.
4. The defendant was duly served with the above writ via substituted service on 20th
October, 2022. Despite due service on defendant, it failed to attend court or filed any
response to plaintiff’s claim. I shall deal with defendant’s failure to attend court or file
any process, later in this judgment.
5. Since plaintiff has as part of his claim recovery of possession and injunction, this court
ordered him to file witness statement in support of his case.
PLAINTIFF’S CASE
6. The summary of plaintiff’s case is that on 23rd February, 2009 he entered into a lease
agreement with the defendant for a period of 10years. The defendant, thereafter,
erected on the said land its telephone mast for the purpose of installing a transmission
tower, a generator platform and other equipment necessary for running a mobile
cellular telecommunication cell site. As part of the agreement, defendant was to pay
a monthly rent of GHS380.00 for the initial 3 years and the rest subject to review every
3 years. According to plaintiff, defendant only paid GHS10,000.00 out of the initial
GHS13,3680.00. Plaintiff added that the monthly rent was to be reviewed every 3
years, per clause 3.1.1 of the lease agreement, but due to the default in payment that
was not complied with. Plaintiff tendered in evidence a copy of the said lease
agreement as Exhibit A. Plaintiff stated further that despi