MABEL GRAHAM-SMITH vs DELALI WORENTETU

This case involves a dispute between a landlord (plaintiff) and a tenant (defendant) over a residential property in Lakeside Estates, Accra. The plaintiff entered into a one-year tenancy agreement with the defendant, which expired on November 30, 2016. Despite the agreement's expiration, the defendant failed to vacate the property and hand over the keys. The plaintiff was unable to contact the defendant or access the property, which was locked with a padlock. The plaintiff filed a lawsuit seeking recovery of possession, mesne profits, damages for breach of contract, and costs. Due to difficulties in contacting the defendant, all legal processes were served by substitution. The defendant failed to appear in court or present a defense, resulting in a default judgment in favor of the plaintiff. The court, after reviewing the evidence presented by the plaintiff, including the property acquisition documents and the tenancy agreement, ruled in favor of the plaintiff. The judgment declared the plaintiff as the rightful owner of the property and granted an order for recovery of possession. Additionally, the court ordered the defendant to pay mesne rent of GH¢400.00 per month from the tenancy's expiration date until the judgment date. The plaintiff was also awarded GH¢5,000.00 in damages for breach of contract and GH¢10,000.00 in costs. This case reinforces the legal principles regarding a landlord's right to recover possession after a fixed-term tenancy expires, a tenant's liability for mesne profits when remaining in possession beyond the agreed term, and the potential for damages when a tenant breaches the tenancy agreement by failing to vacate as agreed.