MABEL GRAHAM-SMITH vs DELALI WORENTETU
2018
HIGH COURT
GHANA
CORAM
- REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court (Land Division), Justice Rebecca N. S. Sittie adjudicated a landlord–tenant dispute concerning House No. C5 B3 at Lakeside Estates, Accra. The owner, who acquired the property by sublease from Agri-cattle Lakeside Estate Limited, let the house to the defendant for one year at GH¢400 per month, with explicit written notice that the tenancy would not be renewed and that keys must be returned after expiry for inspection and refurbishment. After the tenancy expired on 30 November 2016, the defendant refused to hand over the keys, padlocked the premises from outside, and ignored contact attempts, preventing access and allowing deterioration. Processes were served by substitution; the defendant failed to defend, and judgment in default was entered. The court declared ownership, ordered recovery of possession, awarded mesne rent at GH¢400 per month from expiry to judgment, damages for breach, and costs.
Plaintiff is the owner of a two bedroom semi-detached House No. C5 B3 Lakeside Estates Accra, says she acquired the house subject matter of this suit from Lakeside Estate Limited and attached all documents relating to the purchase of the house to her Witness Statement as Exhibit A series.
Plaintiff said she entered into a one year tenancy agreement with the Defendant.
By the terms of the Tenancy Agreement which expired on 30th November 2016 and Defendant was supposed to hand over the keys of the house back to the Plaintiff.
Plaintiff says Defendant has failed or refused to hand over the keys to her.
Plaintiff says all attempts to get into contact with Defendant has failed.
Plaintiff has been unable to enter the house because Defendant has locked the house with a padlock from the outside.
Plaintiff says Defendant has refused to answer her calls.
Plaintiff says Defendant is hanging onto the property denying her the opportunity of carrying out refurbishment and leaving the property to deteriorate.
Plaintiff issued this Writ against Defendant for a declaration that she is entitled to recover possession of the property from Defendant, an order for payment of mesne profits, damages for breach of contract, cost and any other relief.
Due to the difficulty of contacting Defendant all processes were served by substitution.
Judgment in default of defence was entered in favour of Plaintiff and she went into the box to prove her claim on 17th November 2017 after serving Defendant with a copy of Plaintiff’s Witness Statement and Hearing Notice.
Plaintiff in her evidence-in-chief attached all the documents on her acquisition of the two bedroom semi-detached house as Exhibit A series which included a sublease dated 1st August 2008 between herself and Agri-cattle Lakeside Estate Limited.
Plaintiff also attached a copy of the one year Tenancy Agreement with Defendant as Exhibit B. Exhibit B is dated 25th February 2016. Exhibit B states as follows: “The landlord lets and the tenant takes all those premises consisting of two bedroom semi-detached house at Lakeside Estate House No. C5 B3 from 1stDecember 2016 for a period of one (1) year paying therefore a monthly rent ofGH¢400. 00 (Four Hundred Ghana Cedis) payable in advance and amounting toGH¢4, 800. 00 (Four Thousand Eight Hundred Ghana Cedis) only for one year. ”Attached to Exhibit B is a letter dated 24th February 2016 from the Plaintiff to Defendant indicating the terms of the tenancy.
The letter indicated