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ENOCH BRAKO VS DENNIS ANINAGYE ADARKWAH

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP OLIVIA OBENG OWUSU, (MRS) J.

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The Plaintiff filed a claim against the Defendant for specific performance, injunction, and costs regarding a storeroom tenancy. The Defendant's counterclaim included possession, damages, mesne profits, and costs. The Plaintiff's claim was struck out due to non-compliance with court orders to file a witness statement, while the court proceeded with the Defendant's counterclaim. The key issue was whether an automatic renewal agreement existed. The Court found no such agreement, confirmed the Defendant's need for the property, awarded mesne profits of GHC 2,500 per month from October 2020 until ejection, and costs of GHS 30,000. Important case laws, statutes, and legal principles concerning counterclaims, burden of proof, and tenancy were discussed and applied.

JUDGMENT