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AFIA OFOSUAA vs AFRICAN TOWERS LIMITED

2019

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

In January 2019, the Plaintiff brought a rent and contract claim in the High Court after leasing her land at Asuoso, Eastern Region of Ghana, to the Defendant, acting through director Gilbert Boye, for the construction and operation of a telecommunications mast. The parties executed a ten-year Lease Agreement with monthly rent of GH0 and a two-year rent advance of GH19,200 due in September 2017. The Defendant erected the mast and took vacant possession in August 2017 but paid neither the advance nor any rent despite repeated demands. After service, interlocutory default judgment was entered when the Defendant failed to appear, though it later entered appearance and moved to set aside. While that application was pending, the parties filed terms of settlement. On 17 July 2019, the Court adopted those terms as a consent judgment, requiring the Defendant to pay GH16,800 in rent arrears and GH5,000 in legal costs, and obligating the Plaintiff to guarantee quiet enjoyment and perform customary payments, with rights to enforce upon breach.

JUDGMENT