BOLSA PROPERTIES VS JANDEL LIMITED
May 7, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
May 7, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court matter arises from a landlord–tenant dispute over substantial rent arrears on a Ring Road, Accra property. Plaintiff alleged the tenancy, evidenced by a 24 May 2017 agreement covering 1 February 2016 to 31 January 2018, required USD 11,000 monthly paid two years in advance and that Defendant failed to liquidate arrears totaling USD 100,191.79 by 31 July 2018 while remaining in occupation. A default judgment entered on 4 September 2018 pursuant to C.I. 47 was later set aside on 22 October 2018 after Defendant moved on grounds of irregular service and lack of jurisdiction. After effective service and pleadings, parties opted for settlement. On 12 April 2019, the Court adopted their terms as a consent judgment requiring USD 100,191.79 repayment via USD 5,000 monthly installments, with execution upon default.
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