INDUSTRIAL & COMMERCIAL WORKERS UNION (ICU) VS CHARTWELL VENTURES LIMITED
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE LAURENDA OWUSU
Areas of Law
- Contract Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought recovery of possession of office spaces leased to the Defendant after the tenancies expired and the Defendant failed to vacate the premises. The Plaintiff also sought rent arrears, mesne profits, interest, and costs. The Defendant did not appear in court, leading to a judgment favoring the Plaintiff on most claims. The court affirmed the Plaintiff's rights to recover possession, receive rent arrears, and mesne profits, and awarded costs.
On the 7th of June, 2013 the Plaintiff issued out a Writ of Summons claiming the following reliefs: i. Recovery of possession of the office space, namely, Suite Nos 11 and 12 covering an approximate area of 128. 13 square feet and Suite Nos 15, 16, 17 and 18 covering an approximate area of 256. 27 square feet together with toilet and parking facilities in the ICU-Ghana Office Complex located at Plot No 2976, Oroko Street, Kokomlemle, Accra-the Defendant’s two (2) separate tenancies in respect thereof having expired since 14th December, 2009 and 6th April, 2010, respectively and the Defendant having abandoned the said premises.
Recovery of the sum of the Ghana cedi equivalent (calculated at the prevailing forex bureau rate at the date of payment) of the sum of US$9, 610. 12 being rent arrears for Suite Nos 15, 16, 17 and 18 for the period 15th December, 2009 to 14th June, 2013. iii.
Recovery of the sum of the Ghana cedi equivalent (calculated at the prevailing forex bureau rate at the date of payment) of the sum of US$5, 766. 06 being rent arrears for Suite Nos 11 and 12 for the period 7th April, 2010 to 6th April, 2013. iv.
Mesne profits.
v. Interest on all sums found due at the current commercial bank lending rate from the respective dates each sum fell due, namely, 15th December, 2009 and 7th April, 2010 till the date of final payment.
An order that the Plaintiff shall be at liberty to use all necessary force to regain vacant possession of the said offices and bill the cost of re-entry to the Defendant.
Costs inclusive of solicitors fees.
Any other relief found due.
PLAINTIFF’S CASE By an accompanying Statement of Claim the Plaintiff averred that by two (2) separate agreements executed between parties dated 15th December, 2007 and 7th April, 2008, the Defendant became the tenant of two lots of office space, namely suite nos.
11 and 12 covering 128. 13 square feet and suite nos.
15, 16, 17 and 18 covering 256. 27 square feet together with toilet and parking facilities in their office complex.
The tenancy dated 7th April, 2008 was for two years expiring on 6th April, 2010 and the second tenancy dated 15th December 2007 to expire on 14th December, 2009. According to the Plaintiff Defendant paid two years rent advance in respect of the two sets of suite.
Plaintiff further averred that by Clause 3 (m) of the respective tenancy agreements, the Defendant covenanted to yield up the premises at the expiration or sooner determination of the term.
Even