LARYEA MARTEYE vs LA VIVA LIMITED
2016
HIGH COURT
GHANA
CORAM
- EMMANUEL AMO YARTEY, JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute over a lease agreement between the Plaintiff, representing the Martey Tsuru Family, and the Defendant company regarding property in Accra. The Plaintiff alleges that the Defendant breached covenants by failing to pay rent, rates, taxes, and abandoning the property, seeking re-entry and forfeiture of the lease. The Defendant denies the allegations, stating the Plaintiff failed to provide essential utilities as per the lease agreement and that they have maintained the property. The court held that the Plaintiff failed to prove entitlement to the reliefs sought, dismissing the action and awarding costs against the Plaintiff.
At the application for directions stage the following issues were set down for determination.
i) Whether or not the Defendants have breached their usual covenants and condition binding on them to pay rent, rates and taxes imposed on the property in the lease dated 6th January 1996.
ii) Whether or not a covenant entitling the lessor to re-enter is an implied/usual covenant for non-payment of rent.
iii) Whether or not the Defendants have effectively and voluntarily abandoned the subject-land.
iv) Any other relevant issues arising from in the pleadings.
It is salient to note that the 2nd Defendant was disjoined from the suit for which reason he did not partake in the trial as a party.
The case of the Plaintiff as captured by his Statement of Claim is that he is the successor in title and head of the Martey Tsuru Family of North Teshie, Accra and sues on behalf of or as representing the said family.
And that the 1st Defendant is a Limited Liability Company incorporated under the laws of the Republic of Ghana.
The Plaintiff avers that the Martey Tsuru Family of Teshie in Accra are the owners in possession of all that parcel of land situate and lying at Martey Tsuru registered in the Land Registry as No. 93/1/1/1 Vol. 44/Folio 1 with Land Certificate No. GA 2677 dated 4th March 1998 in extent 128. 082 hectares (316. 492 acres) near the Tema Motorway.
The Plaintiff avers further that the joint heads and lawful representatives of the Martey Tsuru Family namely Emmanuel Mama Larbi, Mama Martey and Kwao Martey now deceased acting with the consent and concurrence of the elders of the said family leased a portion of the land known as Ameo Street Plot. No. 20 and Ameo Link Plot No. 1 situate at Martey Tsuru residential area East Accra bounded on the North by Ameo Street measuring 45 feet and 92 feet on the East by Plot Nos. 42 and 44 measuring 160 feet on the South by Plot No. 3 measuring 118 feet on the West by Ameo Link measuring 130 feet containing an approximate area of 0. 40 acre to the Defendant on 6th January, 1996 for 99 years commencing on 6th January, 1996 and expiring on 5th January 2095 and stamped at the Land Valuation Board as LVB 4358 B/96 to the Defendant.
The Plaintiff contends that more than twenty years after the lease was executed the Defendant Company has continuously breached the following covenants; to pay rent to the lessors as ground rent; rate and taxes imposed on the property and payable by the lessee and use the land for residentia