HAJIA FATI SALIFU vs KOLA OLUSOLA-CHRISWEALTH
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SOPHIA R. BERNASKO ESSAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Property and Real Estate Law
- Contract Law
- Civil Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought numerous reliefs against the defendant for breach of a tenancy agreement. Despite the plaintiff's claims and evidence presented, the court found inconsistencies and insufficient proof to support the allegations. Furthermore, the plaintiff did not successfully demonstrate the payment structure and amounts due under the agreement. The initial judgments in favor of the plaintiff were set aside, and the case was dismissed due to lack of sufficient evidence to validate the claims.
The plaintiff per her lawful attorney commenced this action on the 13th of April 2015 against the defendant her tenant and proprietor of Sitmap School, British Home School, Accra seeking the following reliefs: a. A declaration that the defendant has acted in breach of the tenancy Agreement of 30th June 2008. b. A declaration that the Tenancy Agreement of 30th June 2008 has been terminated by virtue of defendant’s breach and failure to remedy same within the time stipulated.
c. An order evicting the defendant and all those claiming rights to be on the demised premises by or through him from H/No EF 21 Ambassadorial enclave, East Legon, Accra.
d. Recovery of outstanding rent of the Ghana Cedi equivalent of Twenty-four thousand US dollars ($24, 000) being rent for the period from July 2014 till February 2015. e. Interest on the outstanding rent of $24, 000 till date of the final determination of this suit.
f. Recovery of outstanding rent from March 2015 till date of final judgment.
g. Damages for breach of covenant under the 30th June 2008 agreement.
h. Order for perpetual injunction restraining defendant his privies agents and assigns from interfering in any way with the demised premises.
i. Recovery of possession.
It is the plaintiff’s case that she rented her property to the defendant for use as a school and the arrangement was covered by tenancy agreement dated 30th June 2008. That defendant covenanted to pay the rent to the landlady in the time and manner prescribed in the agreement.
That the agreement gave the plaintiff the right of re-entry to the premises of the defendant if he failed to pay the rent for one month after it became due and plaintiff writing to defendant demanding the said rent payment.
That defendant defaulted in paying the rent to her when same became due on three different occasions.
That the defendant’s most recent default in payment was in July 2014 and since July 2014 to date of filing the suit defendant had failed and or refused to pay the outstanding rent despite numerous demands on him by the plaintiff.
That by the breach the agreement is deemed terminated and plaintiff is entitled to re-enter the premises and recover possession.
That defendant has refused to grant vacant possession and will not do so unless compelled by this court.
Service of the writ of summons was upon an order of substituted service granted by the court.
Defendants entered appearance through their lawyer Prudential Law offices.
Having failed t