ELLEN A. N. WITHWORTH vs SELASSIE O’SULLIVAN DJENTUH

The Plaintiff in the instant suit which predominantly is centered on a Landlord Tenancy Agreement and an alleged breach of the said agreement among others is claiming for damages for fraudulent misrepresentation, payment of rent arrears in United Stated Dollars or its Cedi equivalent, termination of the said agreement and recovery of possession of the property.

All these claims the Defendant disputes and has filed a counterclaim for refund of monies he has allegedly spent on the improvement he has made on the property.

The court had earnestly started the trial of the suit though in the court’s estimation had delayed a bit.

The Plaintiff/Applicant on the 16th day of March, 2022 brought the instant application for an order from the court for the Defendant to release keys to the disputed house or give vacant possession of the said house to the Plaintiff.

Counsel for the Plaintiff/Applicant in arguing the motion submitted that despite the fact that the Defendant has counterclaim for a refund of monies he allegedly spent on the improvement of the said house, among others he is still in possession of the said house as keys to same are in his possession for no apparent reason.

That it has come to the notice of the Plaintiff that the Defendant has put some people in the said house and is not paying any rent to the Plaintiff from the time the writ was issued against him.

It has also come to her notice that the property the subject matter of the Tenancy Agreement between them is deteriorating at a fast pace, and attached photographs of Exhibit “C” series to show how bushy the place is and the poor state in which the property is at the moment.

Counsel further submitted that as a Plaintiff, the law requires that when it is foreseable that some losses will be occasioned during the pendency of the suit: she needs to take steps to mitigate her losses.

The Defendant/Respondent vehemently opposed the application describing same to be unmeritorious, incompetent and brought in bad faith, and not warranted by any rules of the court.

It is the contention of the Defendant/Respondent that the Defendant having filed a defence and counterclaim to the Plaintiff’s action and issues set down for the court’s determination at the Application for Directions stage, that issues having been joined between the parties, each of the parties is under obligation to prove his or her case to the satisfaction of the court to enable him or her obtain judgment for the reliefs (s) being clai