HUMPHREY CHIKA EMMANUEL v. WALTER DEKU
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, previously a tenant, entered into a lease agreement with the Defendant for a property required to be renovated. The Plaintiff made payments, but the Defendant failed to grant vacant possession due to existing tenant issues. The court determined the Defendant breached the agreement, awarded the Plaintiff damages, and ordered the refund of the paid amount with interest.
JUDGMENT
i. Introduction:
[1] The Plaintiff, Humphrey Chika Emmanuel, is a businessman and a tenant of the Defendant Walter Deku who is the owner of property, known and called No. 19 Konkonte Street located at Kokomlemle in Accra. The Plaintiff contends that he has rented a shop in the frontage of the house and an office space in the main building for over five years. According to him the Defendant in February 2017 offered the entire property to him for a lease because of a threat by the Accra Metropolitan Authority (AMA) to him to renovate the house or have it sealed by the AMA. The Plaintiff says he accepted the offer and a leasehold agreement was executed between them for a term of fifteen years. The Plaintiff further contends that he thereafter started the renovation of the house but same is stalled because to his utter surprise contrary to the assurance given to him by the Defendant the tenants in the house refused to vacate the premises because the Defendant has renewed the tenancies of some of them and also given fresh tenancies to others.
[2] The issues for my resolution in this case are: whether the Defendant signed the leasehold agreement and if yes whether or not the Defendant granted to the Plaintiff vacant possession and if not whether the Plaintiff is entitled to the reliefs endorsed on the writ of summons.
[3] Having failed to grant him vacant possession and/or pay back the money received for the property the Plaintiff says commenced this action for:
“(a) Declaration that the Defendant has breached the agreement reached on the 15th March 2017 between him and the Plaintiff.
(b) Recovery of specific damages of GH¢3,100.00
(c) Recovery of the sum of Seventy-Five Thousand Ghana Cedis (GH¢75,000.00) being the sum the Defendant has collected from the Plaintiff as consideration for the lease the Defendant has granted the Plaintiff.
(d) Interest on the Seventy-Five Thousand Ghana Cedis (GH¢75,000.00) at the prevailing commercial rate with effect from 15th March 2017 to date of final payment.
(e) Damages for breach of contract.
(f) Costs inclusive of Lawyer’s fees”.
[4] On August 10, 2018 this Court differently constituted entered judgment in favour of the Plaintiff. The record of the Court presided over by Daniel Mensah J provides as follows:
“BY COURT:
Judgment is entered in favour of the Plaintiff/Applicant for the reliefs claimed.
In view of reliefs A, B and E, I am minded to adjourn the case to 4/9/2018 for hearing. Hearing