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JUDGEMENT
The Plaintiff on 15th of September, 2014 sued the Defendants for the following reliefs as endorsed on its Writ of Summons; a. A declaration that the action of the Defendants is unlawful, illegal and tantamount to unlawfully inducing the Plaintiff to quit the premises.
b. Loss of profits of Ghc5000. 00 per month from March 2014 till date of judgment.
c. Special damages of Ghc334, 118. 00. d. General damages.
e. A perpetual injunction restraining the defendants, their assigns, agents, workmen whomsoever from renting out the premises to a third party.
f. Costs, including Solicitors fees.
An appearance was entered on behalf of the Defendants and a Statement of Defence and Counterclaim filed on behalf of the Defendants which was subsequently amended on 11th March 2016 with the leave of Court, where the Defendants counterclaim as follows: 1. Recovery of outstanding rent between the period beginning January 2014 to September 2014 which standing at US$3, 150. 00 or its Cedi equivalent 2. Loss of use of shop There were not many facts in dispute in this matter and at the end of Pre-Trial which failed to resolve the matter, issued were settled by the Court as follows; 1. Whether or not the Plaintiff was ever in arrears of rent for the premises leased from the Defendants 2. Whether or not the Defendants prevented the Plaintiff from carrying out its business at their premises 3. Whether or not on 5th September, 2014, Defendants agents under 2nd Defendant’s instructions forcibly removed Plaintiff’s properties from the premises without Plaintiff’s consent 4. Whether or not by the removal of Plaintiff’s drugs and keeping them in their storehouse, the drugs have become unfit for human consumption 5. Whether or not Plaintiff’s tenancy has been rightfully terminated by the Defendants 6. Whether or not Plaintiff is entitled to its claims or the Defendants their counterclaim Plaintiff avers that it is a registered Pharmaceutical retail company in Ghana and a tenant of the 1st Defendant Company at shop number 2, Tema Central Mall and that on the 7th June, 2010 it acting through its Managing Director purchased the business of Top Up Pharmacy located at shop number 2, Tema Central mall.
According to the Plaintiff, he purchased the Pharmacy business from Top-Up Pharmacy which was then operating in the shop number 2 and as a result of the purchase, Top-Up Pharmacy assigned its unexpired residue of its tenancy of shop number 2 to the Plaintiff to be used as a Pharmacy.
Accord