DOROTHY AMA AKYAA OWUSU v. KENNEDY AGYEPONG
2019
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR, JA (PRESIDING)
- AVRIL LOVELACE-JOHNSON, JA
- N. C. AGBEVOR, JA
Areas of Law
- Contract Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolves around a tenancy agreement dispute where the Plaintiff accused the Defendant of breaching the contract by failing to pay the agreed-upon rent. The Defendant contested the claims and questioned the Plaintiff's capacity to sue, stating the agreement was with her attorney. The trial court ruled in favor of the Defendant on the grounds of the Plaintiff's lack of capacity. The appellate court affirmed this decision, emphasizing the importance of capacity in litigation and stating that the Plaintiff failed to establish it. The court also found that the trial court correctly applied the law and facts in its judgment.
GYAESAYOR, JA
This is an appeal against the decision of the High Court, Accra dated the 21st day of August, 2017. The Plaintiff/ Appellant in this appeal shall be called the Plaintiff and the Defendant/ Respondent simply referred to as the Defendant herein.
The Plaintiff herein on the 5th day of February, 2016 per her lawful attorney Carlis Appiah Brako issued out a writ of summons from the High Court claiming the following reliefs:
a) A declaration that the Defendant has breached the terms of the tenancy agreement dated the 3rd January, 2015 in respect of the property known as No.16 Continental Crescent, Roman Ridge, Accra being a three- bedroom single story.
b) Damages for breach of the above mentioned contract in relief a.
c) Cost, including solicitor’s fees.
In the accompanying statement of claim the Plaintiff, Dorothy Ama Akyaa Owusu claimed to be the owner of a fully furnished three-bedroom single storey building with a two-bedroom outhouse numbered 16 located along Continental Crescent, Roman Ridge (hereinafter called the Property) which is being managed by her lawful attorney, Carlis Appiah Brako (hereinafter referred to as ‘the attorney’).
While the Defendant according to the Statement of Claim is a businessman and a tenant of the Plaintiff. According to the Plaintiff, upon a tenancy agreement she let out the said property to the Defendant for Forty-Five Thousand Six Hundred United States Dollars (USD 45,600) payable in its equivalent in cedis. This was after a tenancy agreement was executed between the Plaintiff’s agent and the Defendant for an initial term of two (2) years certain commencing on the 3rd of January, 2015.
The rent so agreed upon was payable bi – annually in advance pursuant to the agreement reached. The Defendant successfully paid the bi- annual payment of the Twenty-Two Thousand Eight Hundred United States Dollar (USD 22, 800) to the attorney and issued a refundable post-dated cheque in the sum of Ten Thousand Cedis (GH¢10, 000) as security deposit.
An inspection was conducted on the property by Ms. Adoyobo who represented the Plaintiff and Ms. Mona, the person put into occupation by the Defendant who lived in the said property.
According to the Plaintiff, she agreed to let out the property to the Defendant for a minimum of two (2) years because he promised to construct a swimming pool on the said property. Barely six months after moving in, the Defendant failed to pay the remaining part of the annual rent on demand. Th