EMMANUEL RICHARD OFORI VS KASAPA TELECOM LTD
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AFIA SERWAH ASARE-BOTWE (MRS.)
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
In a case filed on July 12, 2017, the Plaintiff sought recovery of USD 114,312.92 in unpaid rent, interest, and additional reliefs from the Defendant for a property leased starting September 14, 2009. The Defendant defaulted on rent payments multiple times, prompting legal action. Substituted service was used to serve court documents as initial service was ignored by the Defendant. The Plaintiff obtained an interlocutory judgment for the Defendant's failure to enter appearance or file a defense. The court ruled in favor of the Plaintiff, granting recovery of unpaid rent, further rent, interest, forfeiture of the tenancy, and possession of the property, along with legal costs.
On the 12th of July, 2017, the Plaintiff issued a writ of summonsaccompanied by a Statement of Claim for the following reliefs;
a. Recovery of an amount of USD 114, 312. 92 being rent due and owing.
b. Recovery of any further rent from the 14th of September, 2018 till the Defendant vacates the property.
c. Interest on (a) and (b) above at the prevailing bank rate from …d. An order for the forfeiture of the tenancy agreement between the parties.
e. An order against the defendant to remove all equipment installed in or on the grounds of the property especially the huge antennainstalled for the purpose of cellular telephony service.
f. An order allowing plaintiff to re-enter House No. 2, Yiyiwa Link, Abelemkpe, Accra.
g. An order for recovery of possession of House No. 2, Yiyiwa Link, Ablempke, Accra.
h. Cost including legal fees.
THE PLAINTIFF’S CASE The case of the plaintiff is that, by a tenancy/sublease dated 14thSeptember, 2009 and made between Emmanuel Richard Ofori as theLandlord/Sublease all that property known No. 2, Yiyawa Link, Abelenkpe, Accra was let to the Defendant for a term of 10 years beginning from 14thSeptember, 2009 and ending on 13th September 2019. Per the tenancyagreement, the monthly rent payable was US$8, 800 or the cedi equivalentpayable yearly and in advance.
Per the said tenancy agreement the rentpayable was also to be renewed at the end of every 3 years of the term.
Inthe course of the tenancy, the defendant defaulted in the payment of renton several occasions and on some occasions the plaintiff had to write orinstruct his solicitor to write to the defendant before the defendant settledits indebtedness to the plaintiff.
The plaintiff says that the total indebtedness of the defendant owing andoutstanding to him as at the 1st of May 2018 was US$114, 312 or its cediequivalent.
The plaintiff says he against instructed his solicitor to write afinal demand notice to the defendant demanding the payment of the outstanding rent due on 10th April, 2018 failing which the plaintiff may beforced to re-enter the property as per clause 6. 6. 1 and 6. 6. 2 of the tenancyagreement I subleased.
That the defendant has failed or refused to settleits indebtedness to the plaintiff hence the institution of the present actionagainst the defendant for the reliefs endorsed on the Writ of Summons.
The writ of summons and statement of claim were duly served by meansof substituted service upon the order of this Court.
Despite postings asdirect