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JUDGMENT
JUDGMENT
FACTS
The plaintiff caused a writ of summons to issue against the defendant on 24th
January, 2017. Per an amended writ of summons and statement of claim filed
on 5th April, 2017, the plaintiff claimed against the defendant the following
reliefs;
a. An order for the payment of the sum of US$ 9000 being rent arrears
from January 2016-March 2017 with interest calculable at the prevailing
commercial bank lending rates.
b. Recovery of possession of the four (4) bedroom premises located along
the Accra-Tema Motorway, near the Animal Husbandry, close to the
new Race Course.2
c. Compensation for damages caused to the property as a result of the
actions of the defendant
d. Damages for breach of contract.
e. Costs of litigation, including legal fees.
The plaintiff claims that she is the owner of a four (4) bedroom dwelling
house located along the Accra-Tema Motorway, near the Animal Husbandry,
close to the new Race Course. The plaintiff states that pursuant to a tenancy
agreement concluded between herself and the defendant company, she let the
property in issue to the defendant company for residential purposes at an
agreed monthly rent of $600 effective August 1, 2011. The plaintiff further
avers that the defendant has failed and refused to make the rental payments
from January 2016-January 2017 and the total amount due and owing as rent
arrears is US$7,800.
Additionally, the plaintiff claims that the Defendant company has failed to
keep the house in good and tenantable repair and has refused to pay the rent
arrears from the previous year or return the property into its previous kempt
state. According to the plaintiff, the actions of the defendant company have
laid the property to waste and maintains that part of the fence wall of the
property is broken, having the potential to give access to unauthorized
persons to trespass and undertake any unlawful activities on the property.
Again, the house is overgrown with weeds and the compound is generally
unkempt. The plaintiff states that several demands made on the defendant
company to settle its indebtedness to her and keep the house in tenantable
condition have proved futile. The plaintiff avers that the property has
depreciated in its market value and may not be able to attract even a fraction3
of the monthly rent charge due to the actions of the defendant company. The
plaintiff avers that the actions of the defendant company to date indicate
those of an entity unwilling