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AFIA OFOSUAA vs AFRICAN TOWERS LIMITED

2019

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO

Areas of Law

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

AI Generated Summary

This case involves a dispute over a lease agreement for a parcel of land used for a telecommunication mast. The Plaintiff leased the land to the Defendant for a 10-year period at GH¢800 per month, with an agreement for a two-year rent advance. When the Defendant failed to pay the agreed rent, the Plaintiff filed a lawsuit seeking various reliefs, including payment of owed rent, interest, mesne profits, recovery of possession, and removal of the mast. The case initially resulted in a default judgment against the Defendant due to their failure to enter an appearance. However, the Defendant later entered an appearance and applied to set aside the default judgment. Before the court could rule on this application, the parties agreed to settle out of court. The settlement terms, adopted by the court as a consent judgment, included the Defendant's agreement to pay the owed rent and legal costs, while the Plaintiff guaranteed the Defendant's peaceful enjoyment of the land and agreed to handle customary payments and rites. The case demonstrates the court's willingness to adopt out-of-court settlements as consent judgments and highlights the importance of timely responses in legal proceedings to avoid default judgments.

JUDGMENT