MARY FRIMPONG Per Her Lawful Attorney YAW FRIMPONG vs MIMI DADZIE ANNIE
February 26, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JENNIFER ANNE MYERS AHMED (MRS)
Areas of Law
- Property and Real Estate Law
- Contract Law
- Evidence Law
- Civil Procedure
JUDGMENT
The plaintiff who is ordinarily resident in the United Kingdom commenced this action through her lawful attorney praying for the following reliefs:
a. A declaration that the Plaintiff is the owner of the disputed property described in the schedule.
b. A declaration that the four year oral tenancy agreement between the Plaintiff and the Defendant has expired since the 30th of September 2016. c. An order for the immediate recovery of possession of the Plaintiff’s property from the Defendant.
d. An order for the payment of mesne profit to the Plaintiff from 1st October 2016 till date possession is recovered from the Defendant.
e. A declaration that the Defendant has breached the parties’ tenancy agreement in respect of the disputed property.
f. Damages for the breach of contract.
g. Cost.
h. Any other relief(s).
The defendant subsequently entered appearance, filed her statement of defence and counterclaimed for the following reliefs as well:
1. An order for injunction restraining the Plaintiff and her agents assigns from interfering with the enjoyment of the Defendant’s tenancy.
2. In the alternative, a refund of the monies spent to improve the house.
3. Interest on the improvement sum.
4. Any other relief arising out of the pleadings.
5. Costs of suit.
At the close of pleadings, the issues that were set down for determination at the trial were the following:
1. Whether or not the Plaintiff is the owner of the disputed property.
2. Whether or not the portion of the property rented to the defendant included the master bedroom.
3. Whether or not the defendant has used the property as a commercial guest house.
4. Whether or not the tenancy granted to the defendant has expired
5. Whether or not the plaintiff’s representatives settled accounts with the defendant and whether defendant has had value for any works she did on the disputed house.
6. Whether the plaintiff is entitled to her claim.
7. Whether the defendant is entitled to her counterclaim.
The Plaintiff’s Case
The plaintiff, presenting her case through her lawful attorney said that the plaintiff acquired a parcel of land which she developed into a five bedroom residential building.
A copy of the plaintiff’s lease was tendered into evidence as exhibit B. The plaintiff who had had a previous relationship with one Dr. Boateng who was the father of her daughter, met with the said Dr. Boateng during one of her visits to the country and showed her building to him.
The Dr. Bo