GH - Margaret Palmer and 2 Ors v. Joseph Boateng

By their writ of summons, the plaintiffs claim against the defendant the following reliefs: i. Recovery of the sum of thirteen thousand, one hundred and twenty-seven point ninety-nine Ghana cedis (Gh¢13, 127. 99)being; a. Ground rent outstanding from January, 2007 to December, b. Ground rent for January to December of 2012 –(Gh¢4, 127. 99)c. Interest of 15% per annum on the above for the five (5)years, January 2007 to December 2012 - Gh¢1, 500. 00. d. Costs In the accompanying statement of claim, the plaintiffs averred that they are beneficiaries of the Estate of Madam Eva Buckman(deceased) in respect of a property at Osu on the Angola Road, Ringway.

The plaintiffs averred further that, sometime in the year 2006, they reached an agreement with the defendant in respect of the property forming part of the Estate of Eva Buckman by which the ground rent of the property leased to the defendant was fixed at one thousand, five hundred Ghana cedis (Gh¢1, 500. 00) a year.

The plaintiffs continued that, the defendant reneged on the agreement and failed to pay the said rent until June 2011 after several calls to him.

The defendant purported to make payment with a Standard Bank cheque which was however not honoured because defendant stopped its payment.

It is the case of the plaintiff that, since then, the defendant has not made any payment as rent on the said property despite several demands.

The plaintiffs concluded that, they instructed their lawyers to write a demand letter to the defendant on the 8th February, 2012 given the latter ten (10) days after the receipt of the said letter to make payment.

The plaintiffs concluded that, the defendant ignored the letter referred to supra and did not even acknowledge same hence this action.

In his statement of defence, the defendant denied plaintiffs statement of claim.

In particular, the defendant averred that, he acquired a parcel of land from one Kwabena Adoba sometime in the year 2003 after a search conducted at the Lands Commission indicated that the land belonged to the said Kwabena Adoba.

The defendant averred further that, when he started developing the land, he was confronted by three different groups, the plaintiffs inclusive who also claimed joint ownership of the land.

The defendant continued that, he re-acquired the land from the said groups for Gh¢110, 000. 00. The portion being claimed by the plaintiffs covered an approximate area of 0. 08 acre, which they received a total of Gh¢41, 000. 00 as cons

The plaintiffs continued that, the defendant reneged on the agreement and failed to pay the said rent until June 2011 after several calls to him.

The defendant purported to make payment with a Standard Bank cheque which was however not honoured because defendant stopped its payment.

It is the case of the plaintiff that, since then, the defendant has not made any payment as rent on the said property despite several demands.

The plaintiffs concluded that, the defendant ignored the letter referred to supra and did not even acknowledge same hence this action.

In his statement of defence, the defendant denied plaintiffs statement of claim.

The defendant averred further that, when he started developing the land, he was confronted by three different groups, the plaintiffs inclusive who also claimed joint ownership of the land.

Margaret Palmer and 2 Ors v. Joseph Boateng

Areas of Law

JUDGMENT