GH - AMASS CO. LTD. VS RINN HENRY TETTEH

Plaintiff’s Case By a writ of summons issued on 29th July 2016, the plaintiff claimed the following reliefs against the defendant: i. An order for specific performance of the contract of lease engaged by the parties on 27th May 2013. ii.

An order of perpetual injunction restraining the defendant, his family, assigns and all from preventing the plaintiff use of the premises for the period of the lease.

Damages for loss of earnings, loss of goodwill and reputation for the dubious execution.

Compensation for damaged vehicles and stolen or lost items, extra payments to watchmen employed for the period of the execution and cost of sending back the fleet of vehicles and other vehicle parts back to the premises.

v. Any other relief(s) as the court deem fit.

The plaintiff describes itself as a limited liability company registered under the laws of the Republic of Ghana which is into the business of repairs of vehicles and sale of vehicle parts.

It got a license from one Victoria Gladys Oddoye to undertake its activities on her land in January 1997. The plaintiff asserts that when Victoria Gladys Oddoye passed away sometime in the year 2008, the defendant started harassing it with respect to its use of the property to the extent of giving it a 21 day ultimatum to quit the property which it resisted.

The plaintiff asserts that in the year 2013, the defendant resurfaced with a judgment of the court in his favour against the estate of Victoria Gladys Oddoye and based on that judgment, the defendant asked for vacant possession of the property.

The plaintiff asserts that it did not want an interruption to its business and as a result, it negotiated with the defendant for a lease and the defendant granted a 99 year lease to the plaintiff company at an agreed consideration of GH¢260, 000. 00 which amount the plaintiff made a part payment of GH¢160, 000. 00 leaving an outstanding balance of GH¢100, 000. 00 pending the final execution of the lease documentation.

The plaintiff asserts that the defendant delivered two different lease agreements with different site plans and when it conducted a search, it was not conclusive as to the defendant’s ownership of the property.

The plaintiff further asserts that it had information that the defendant was refusing to hand over the documents covering the land because he wanted to sell the land at a higher price to another entity.

The plaintiff therefore became apprehensive and insisted on being given all the documents before

An order of perpetual injunction restraining the defendant, his family, assigns and all from preventing the plaintiff use of the premises for the period of the lease.

Damages for loss of earnings, loss of goodwill and reputation for the dubious execution.

v. Any other relief(s) as the court deem fit.

The plaintiff describes itself as a limited liability company registered under the laws of the Republic of Ghana which is into the business of repairs of vehicles and sale of vehicle parts.

The plaintiff therefore became apprehensive and insisted on being given all the documents before

AMASS CO. LTD. VS RINN HENRY TETTEH

Areas of Law

JUDGMENT