ANDREW BROWN VS THE ATTORNEY GENERAL & ANOR
October 15, 2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Property and Real Estate Law
- Contract Law
- Evidence Law
- Civil Procedure
October 15, 2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Andrew Brown, represented by attorney Christopher King, sued to recover possession of Heaven Hostel in Kotei–Kumasi and associated monetary reliefs from the 2nd Defendant, a tenant who paid rent for the first year of a two-year tenancy but defaulted thereafter and remained in possession. The court found the tenancy ran from 1 February 2013 to 31 January 2015, at GH₵69,120 annually (GH₵5,760 monthly), and that the 2nd Defendant continued as a statutory month-to-month tenant under the Rent Act, with obligations consistent with the original lease. Brown proved nonpayment of rent since February 2014, and the High Court ordered ejectment under Section 17(1)(a), awarded arrears and mesne profits at the contractual monthly rate, and granted interest at the prevailing bank rate. The court rejected reliance on Section 17(h) for business use due to lack of notice and suitability proof, dismissed the repair-damages claim for lack of evidentiary detail, and awarded costs to Brown.
The Plaintiff, Andrew Brown, instituted this action through his lawful attorney, Christopher King, on 13th December, 2017, against the Defendants, for the following reliefs: a) An order of ejectment against the 2nd defendant from the property known as Heaven Hostel situated at Kotei- Kumasi in the Ashanti Region.
b) Recovery of the sum of Sixty Nine Thousand, One hundred and Twenty Ghana Cedis only (GHc69, 120. 00) being rent in arrears from 1st day of February 2014 to 31st day of January 2015. c) Interest on the said sum of Sixty Nine Thousand, One hundred and Twenty Ghana Cedis (Ghc69, 120. 00) at the prevailing bank rate from 1st February 2014 to the date of final payment.
d) Mesne profit as from the 31st day of January 2015 to date of final payment at the rate of Ghc21, 000 per month, e) Interest on the total sum of the said mesne profits from 31st January 2015 to the date of final payment.
f) Damages for breach of covenant to maintain and keep in good order and condition.
g) Costs.
The gravamen of the instant action can be found in paragraphs 4 to 13 of the Plaintiff‟s Statement of Claim, a summation of which is as follows: According to the Plaintiff, he entered into a tenancy agreement with the 2nd Defendant by renting his property, Heaven Hostel, to it for use as living quarters.
That the tenancy was for a period of two (2) years, commencing 1st February, 2013, and ending 1st January, 2015. The Plaintiff further states that the annual rent payable was GH₵69, 120. 00 per annum, by reason of the fact that the monthly rent was GH₵5, 760. 00. The Plaintiff states that the 2nd Defendant paid the year‟s rent for the period 1st February, 2013, to 31st January, 2014, but failed to pay for the following year.
According to the Plaintiff, upon the expiry of the tenancy agreement, the 2nd Defendant has failed to deliver up possession of the property to him and has been in occupation of same to date.
The Plaintiff also states that the 2nd Defendant has failed to maintain the property for which reason the property has fallen into ruins resulting in the devaluation of the property in violation of the express covenant in the tenancy agreement to maintain the property.
According to the Plaintiff, the 2nd Defendant has defaulted in the payment of rent for 36 months in spite of repeated demands on it for same.
The Plaintiff further avers that he presently requires the premises for his own business purposes for which the 2nd Defendant has to vacate the premis