GEORGINA NSIAH DUCARROZ VS CROWN HOPE INTERNATIONAL ACADEMY
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP OLIVIA OBENG OWUSU (MRS.) J.
Areas of Law
- Property and Real Estate Law
- Contract Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court (per Her Ladyship Olivia Obeng Owusu) resolved a landlord–tenant dispute arising from a 15‑year lease of a three‑storey property on Accra–Winneba Road, leased to the defendant to operate a school. The parties signed the tenancy agreement on 25 November 2015; possession was given on 4 January 2016; rent commenced on 4 March 2016 at US$3,250 per month, payable yearly in advance. After paying the first year (US$39,000), the defendant failed to pay rent from March 2017 to March 2020, accruing US$117,000 in arrears, and did not remit the plaintiff’s 8% portion of withholding tax to the GRA. The court struck out the defence for failure to file witness statements, deemed the plaintiff’s facts admitted, and, applying the Rent Act and authorities on mesne profits and interest, ordered forfeiture of the lease, recovery of possession, arrears, withholding tax, mesne profits at US$3,250 per month until vacant possession, interest at the prevailing bank rate, and costs of GHC 10,000.
On the 11th of March 2020 the Plaintiff suing per her lawful attorney took out a Writ of Summons against the Defendant seeking the following reliefs: “1. An order of the Court declaring that the lease between the Plaintiff and the Defendants dated 25th November 2015 is forfeited.
2. An order for the Defendant to yield vacant possession of the property described in paragraph 1 of the Statement of Claim to the Plaintiff forthwith.
3. An order for the Defendant to pay the cedi equivalent of US$117, 000 being the accumulated arrears of rent due and owing by it as at 4th March 2020. 4. An order directing the Defendant to pay back an amount of $3, 120 being the plaintiff’s portion of withholding tax deducted but not paid to GRA by the Defendant.
5. Mesne Profit at the rate of the cedi equivalent of $3, 250 per month from 4th March 2020 to the date of final payment.
6. Interest on reliefs, 3, 4 and 5 7. Cost. ”The Plaintiff’s case as gleaned from her Statement of Claim is as follows: She is the owner of a Three-Storey property known as Block No 5 situated along the Accra-Winneba Road beside Prudential Bank Ghana Ltd Weija Branch in the Greater Accra Region.
Acting through one Eric Boakye and Mrs Florence Mintah she let out the property to the Defendant who was represented by two of its management staff Sylvia Bannerman-Balgun and Pastor Joseph Ikiebe.
A tenancy agreement was signed by the parties on the 25th of November 2015 and the defendant was given vacant possession of the premises on the 4th of January 2016. The lease was for the Defendant to run a school and all educational purposes only subject to some conditions which includes but not limited to the following: a. The Defendant was to pay the rent agreed at the times and in the manner agreed upon to wit.
The Defendant was to pay one-year rent in advance.
b. The rent was to be reviewed after the first 3 years and thereafter every 2 years at a rate not exceeding 12% of the existing rent.
c. The Defendant was granted permission to rehabilitate and restructure the building to suit the purpose of his business at his own cost. d. The Defendant undertook to pay 8% out of the 15% withholding tax for the initial 3 years and the subsequent payment of the whole tax was to be borne by the plaintiff.
The Defendant undertook to submit to the Plaintiff within four (4) months of payment of rent the withholding tax certificate.
The term of the lease was agreed to be for a total period of 15 years with an opt