MOST REV. TITUS AWOTWI & 3 OTHERS v. JACQUELINE BOAKYE
June 24, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Areas of Law
- Property and Real Estate Law
- Contract Law
- Evidence Law
- Civil Procedure
June 24, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court case concerns rent arrears for two bungalows at House No. 9, VRA Ward, Ridge, Kumasi. The estate of the late Edward Osei Boakyeacting through executors and trustees, with the 4th Plaintiff as ownersued their tenant for GHS35,000 plus interest, alleging agreed monthly rent of GHS250 per bungalow and nonpayment from November 2010 to November 2016. The defendant, a tenant since 2001, claimed the rent was GHS100 per bungalow and that a prior GHS13,200 payment to Boakye should offset rent; she also alleged the plaintiffs prevented retrieval of belongings after she vacated in October 2016. With no documentary rent terms, the court assessed credibility under Evidence Act s. 80, found the defendants testimony inconsistent, credited the plaintiffs witness, and took judicial notice of prevailing rents in Ridge to deem GHS250 realistic. The court calculated arrears, entered judgment for GHS35,000 plus interest, awarded GH5,000 costs, and dismissed the counterclaim for return of items.
JUDGMENT
Background
The Plaintiffs in this case issued a Writ of Summons against the Defendant herein for the following reliefs:
(a) Recovery of the sum of Thirty-Five Thousand Ghana Cedis (GHS35,000.00) being rent arrears as at November, 2016.
(b) Interest on the said sum of Thirty-Five Thousand Ghana Cedis (GHS35,000.00) at the prevailing lending rate from November 2016 up till the date of full and final payment.
(c) Costs including legal fees.
On 11th May, 2017 final judgment in default of appearance was entered against the Defendant in the sum of GHC35, 000.00 and interest at the prevailing Commercial Bank lending rate from November, 2016 till date of final payment. Costs of GHC3, 000.00 was also awarded against the Defendant.
On 26th October, 2017 the default judgment was set aside upon an application by the Defendant. Consequently, the Defendant filed a statement of defence on 14th November, 2017 and counter claimed against the Plaintiffs as follows:
a. A declaration that all items (personal effects/belongings which were illegally and or unlawfully ceased by Plaintiffs/Representatives be released to her (Defendant) by Plaintiffs and/or their representatives.
b. General damages for keeping the said items (personal effects/belongings) by the Plaintiffs without any legitimate order.
c. Costs.
Plaintiff’s Case
One Nana Yaw Boakye testified on behalf of the plaintiffs. The crux of the plaintiffs' case is that the Defendant was a tenant of property with address, House No. 9, VRA Ward, Ridge, Kumasi which was owned by the late Edward Osei Boakye. The property is now owned by the 4th defendant while the 1st, 2nd and 3rd defendants are the executors of the WILL of the deceased and trustees of the 4th Plaintiff. The Property in question are 2 bungalows and the defendant rented both for herself and her brother. According to the plaintiff’s representative, sometime in 2008 after the death of Edward Osei Boakye, the 4th Plaintiff took over the management of the property. It was then that the Defendant wrote to the 4th Plaintiff that she paid GHC13, 200.00 to the deceased and it was agreed that the amount should cover rent between September 2008 and December, 2010. It is their case that although there was no documentary evidence in respect of the said amount they agreed to the arrangement. The plaintiffs also claim that in 2010, they agreed with the Defendant on the amount of GHC250 as the monthly rent payable per bungalow. It is their case that the de