GH - BOLSA PROPERTIES VS JANDEL LIMITED

On 1st August, 2018, the Plaintiff instituted this action against the Defendant for the following reliefs as endorsed on the writ of summons: a) An order of the Court directed at the Defendant to pay forthwith to the Plaintiff an amount of USD$100, 191. 79 or its Cedi equivalent being rent owed by the Defendant to the Plaintiff.

b) Interest on the amount claimed by way of rent arrears at the commercial interest rate from the date same fell due until the date of payment.

c) An order directed at the Defendant to vacate forthwith the property and give vacant possession of same to the Plaintiff in its tenantable condition as let out to the Defendant.

d) Costs of the suit herein including Solicitor’s cost. The crux of the Plaintiff’s claim is contained in paragraphs 3 to 14 of the statement of claim, a summation of which is as follows: According to the Plaintiff, sometime in January, 2016, it let out its property situate on the Ring Road, Accra, to the Defendant at a monthly rent of USD$11, 000. 00 or its Cedi equivalent to be paid in two (2) years advance, with an option of renewal.

The Plaintiff states that on 24th May, 2017, the parties executed a tenancy agreement to evidence the said rental transaction.

That per the tenancy agreement, the rent payment was to commence from 1st February, 2016 and was due to expire on 31st January, 2018 with the total agreed rent payable as USD$264, 000. 00. The Plaintiff continues that at the expiration of the tenancy on 31st January, 2018, in gross breach of the terms of the agreement, the Defendant was in rent arrears of USD$34, 191. 79 or its cedi equivalent.

According to the Plaintiff, the Defendant has failed to liquidate its indebtedness to it despite repeated demands for same.

The Plaintiff says further that the Defendant remains in occupation of the property upon the same terms and conditions regulating the tenancy agreement executed by the parties on 24th May, 2017. Per the Plaintiff, at the end of July, 2018, an amount of USD$66, 000. 00 or its cedi equivalent was due to be paid by the Defendant.

It is the Plaintiff’s case that the total outstanding rent payable by the Defendant as at 31st July, 2018, stands at USD$100, 191. 79, for which reason it has brought the instant action.

Per the records, final judgment in default of appearance was entered in favor of the Plaintiff in terms of Reliefs (a) and (b) on 4th September, 2018, by this Court differently constituted, pursuant to the High Court (Civil Proced

b) Interest on the amount claimed by way of rent arrears at the commercial interest rate from the date same fell due until the date of payment.

c) An order directed at the Defendant to vacate forthwith the property and give vacant possession of same to the Plaintiff in its tenantable condition as let out to the Defendant.

The Plaintiff states that on 24th May, 2017, the parties executed a tenancy agreement to evidence the said rental transaction.

According to the Plaintiff, the Defendant has failed to liquidate its indebtedness to it despite repeated demands for same.

It is the Plaintiff’s case that the total outstanding rent payable by the Defendant as at 31st July, 2018, stands at USD$100, 191. 79, for which reason it has brought the instant action.

BOLSA PROPERTIES VS JANDEL LIMITED

Areas of Law

JUDGMENT