MADAM SARAH BUAHIN vs VIVO ENERGY GHANA LIMITED & ANOTHER

By a motion on notice filed on 19th May 2023, the 2nd Defendant/Applicant (hereinafter referred to as “the Applicant”) prays this Honourable Court for an Order of Interim Preservation directing the 1st Defendant/Respondent (hereinafter referred to as “the Respondent”) to:

“1. Pay the accrued Eight (8) years, five (5) months’ rent of USD18,000.00 per annum and USD1,500.00 monthly from the 1st day of January, 2016 to 1st May 2023 amounting to USD151,500.00 to the Plaintiff and 2nd Defendant for the equal benefit of the Estate of Ebenezer Tetteyfio and the Estate of Julius Tetteyfio or alternatively to pay the said sum of USD151,500.00 into Court.

2. Pay all subsequent rents of USD18.000.0 per annum or USD1,500.00 monthly in the same manner as paragraph 1 pending the final determination of the suit before this Honourable Court.”

It is the case of the Applicant that the Respondent has been undertaking its commercial activities from the subject property since January, 2016 without paying accrued and accruing rent to the Estates of Ebenezer Tetteyfio and Julius Tetteyfio whom the Respondent admits are the rightful owners of the subject matter property. The only contention of the Respondent being that the two Estates are under obligation to execute a twenty-five (25) year lease in favour of the Respondent. The Applicant prays that the rent be paid to the two Estates since the Respondent does not deny the fact that the Estates are the owners of the subject matter property; or in the alternative, that because the Respondent continues to occupy and use the subject matter property, it is just and convenient that the accrued and accruing rent is secured by way of an Interim Preservation Order.

The Court’s power to issue an order for the preservation of property in dispute is circumscribed and regulated by Order 25 Rule 2(1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) as follows:

“Detention, preservation of property

2. (1) On the application of any party to a cause or matter the Court may make an order for the detention, custody or preservation of any property which is the subject matter of the cause or matter or in respect of which any question may arise in the action, or may order the inspection of any such property in the possession of a party.”

Also, the Court of Appeal, in Holding (1) of GENERAL DEVELOPMENT CO LTD v RAD FOREST PRODUCTS LTD and Others [1999-2000] 2 GLR 178 at 179 adumbrated a number of factors which our Courts consider befo