ENOCH BRAKO VS DENNIS ANINAGYE ADARKWAH

On the 29TH of September 2020 the Plaintiff commenced this action against the Defendant claiming the following reliefs: “1. An order for specific performance of the agreement between Plaintiff and Defendant in respect of one storeroom within House No. D438/A Arena.

2. An order of perpetual injunction retraining Defendant either by himself, his assigns, servants, agents or privies from interfering with the Plaintiffs rights to the one storeroom within House No. D438/A, Arena.

3. Costs 4. Any further order(s) of the court as it may deem fit. ”Besides denying the claim of the Plaintiff, the Defendant set up a counterclaim for the following reliefs: “a) Ejection and recovery of possession of one storeroom within House No. D438/A Arena.

b) Damages for breach of the tenancy Agreement dated 2nd May 2008. c) Mesne Profits at the rate of GHC 2, 500 from June 2020 till the date of ejection.

d) Costs”The case of the Plaintiff as disclosed in his pleadings is as follows: By a Tenancy Agreement dated 31st day of March 2000 the Defendant leased to him one storeroom within House No. D438/A Arena in the Greater Accra Region.

The agreement was for a period of ten years commencing on the 1st day of April 2000 at a rent of GHS300. 00 a month.

Upon the execution of the agreement the Defendant further guaranteed that upon the expiration of the ten-year period his tenancy would be renewed every ten years.

According to the Plaintiff this oral agreement was to be reduced into writing.

However owing to the existing relationship between him and the Defendant at the time as well as the fact that he was already in possession of the property and conducting his business he did not pressure the Defendant for such.

The Plaintiff further avers that prior to the expiration of the first ten-year period the Defendant demanded for the payment of GHS14, 000. 00 which he having been guaranteed a renewal upon the expiration of every ten years duly complied.

He maintains that upon the expiration of his tenancy on the 31st March 2010 it was renewed for another ten years by a tenancy agreement dated 2nd May 2008 which expired on 31st March 2020. It is his case that despite the agreement between the parties to renew the tenancy every ten years the defendant demanded that he vacates the premises or pay a monthly rent of GHS2000. 00. He contends that the Defendant has consistently harassed and threatened him with thugs to get him out of the shop.

From his Statement of Defence the Defendan