BENJAMIN SEKYERE YAMOAH VS MEPROLIM GHANA LIMITED
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS-TETTEH (MRS.), J
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for breach of a tenancy agreement involving rehabilitation works on the leased property. The defendant denied the breaches and counterclaimed for unlawful termination, which the court found lawful based on contract terms. The court acknowledged the unfinished rehabilitation works by the defendant and dismissed the counterclaim. The plaintiff was awarded damages for the substantive cost of repairs needed due to the defendant's tenancy, but not for the initial free rent period or special damages due to insufficient evidence. Interest on the awarded damages and general costs was granted to the plaintiff.
By an action instituted on the 15/5/14 the plaintiff herein claims the following reliefs against the defendant; 1. Damages for breach of contract to carry out the repairs /modification on the property as stipulated in the agreement of 28/6/2011 2. Damages for rent 3. A refund of an amount of the cedi equivalent of 6000USD being the free rent enjoyment by the plaintiff who breached the mutual agreement to carry out repair and modification to the property the subject matter of this dispute during the period 1/7/2011 to 30/9/2011 4. Special damages for repair needed to be carried out on the property resulting from the defendant’s occupation and use of the property as stated in the November 2013 repair schedule 5. Interest on the reliefs claimed by the date of final payment 6. Cost including legal cost incurred The facts of this case are that the plaintiff is the beneficial owner of the property known as H/NoC149/14 Dzorwulu in the Greater Accra Region and the defendant is a Ghanaian company registered under the laws of Ghana and doing business in Ghana under the name Meprolim Ghana Limited.
The plaintiff entered into a tenancy agreement with the defendant.
Under the terms of the agreement, the defendant among other things undersigned to do rehabilitation works; the detailed list of the rehabilitation work was attached to the tenancy agreement and signed by both parties and their witnesses.
The tenant who is also the defendant was detailed to perform the following per exhibit C; 1. Construction of Parking lot 2. Construction of security gate 3. Raising of walls (2 or 3 sides)4. Erecting of security barb wire on walls (2 sides)5. Painting of entire building (inside and outside)6. Repainting and raising of main gate 7. Electrical wiring for air conditioning 8. Electrical installation of generator set 9. Fixing of light fittings 10. Rehabilitation of boys quarters 11. Roofing of open space 12. Professional treatment of terrazzo floors 13. General cleaning of building 14. Installation of water reservoir on roof top 15. Rehabilitation of all mosquito nets 16. Rehabilitation of Louvre blade windows.
According to the plaintiff the defendant who took possession of the property in July was to start paying rent only in October to enable the defendant defray the expenses of the rehabilitation works with the rent of July, August, and September.
The rent which was agreed at 2, 000 dollars a month will fetch $6000 for the three months.
Even though the rehabilitation w