MRS AGNES GERTRUDE OSEI v INNOVA HOLDINGS LTD
2025
SUPREME COURT
GHANA
Areas of Law
- Contract Law
- Civil Procedure
- Property and Real Estate Law
2025
SUPREME COURT
GHANA
AI Generated Summary
The Supreme Court upheld parts of the Court of Appeal's decision while overturning others. It was decided that the Defendant's demolition of the structure breached the tenancy agreement, entitling the Plaintiff to forfeit the lease and recover damages. The Court of Appeal's revised special damages of GHS 1,487,767.73 were affirmed, and the award of GHS 30,000 in general damages was also upheld. The Court clarified the principles regarding 'remodelling' under the Rent Act and emphasized the significance of adhering to statutory procedures when seeking relief from forfeiture. A concurring opinion cautioned against granting relief suo motu without an application, underlining the importance of statutory conformity in such matters.
KULENDI JSC:
INTRODUCTION:
1. We have before us an appeal against the judgment of the Court of Appeal, Accra, dated 21 st June, 2018. This judgment overturned, in part, the judgment of the High Court dated the 21 st day of March, 2016.
2. Since both parties in this suit are crossappellants, they shall be referred to by their original designations as Plaintiff and Defendant, respectively.
FACTS:
3. The present appeal arises from an action initiated by the Plaintiff through the issuance of a Writ of summons, accompanied by a Statement of Claim, against the Defendant. The suit was filed in the Registry of the High Court (Land Division), Accra, on 17 th September 2012 and subsequently amended on 23 rd March 2015.
4. The Plaintiff's claim is premised on an alleged breach by the Defendant of an agreement dated 18 th September 2008 between the parties. The Defendant is alleged to have unlawfully demolished one of two properties situated on a
JUDGMENT
portion of the leased land known as No. 70 Volta Street, Airport Residential Area, Accra, without the Plaintiff's prior consent or authorisation. Following repeated but unsuccessful attempts to have the Defendant remedy the situation, the Plaintiff commenced the action in the High Court, seeking the following reliefs:
1. An order for the forfeiture of the lease was executed on 18 th September 2008 between the Plaintiff and the Defendant in respect of No. 70 Volta Street, Airport Residential Area, Accra.
2. Recovery of possession of the said property.
3. Damages for breach of covenant.
4. Special damages in the sum of US$500,000 representing the cost of reconstructing a five-bedroom, one-storey building with amenities equivalent to the demolished structure.
5. Mesne profits from the date of service of the writ of summons until the date of delivery of possession
5. The Defendant, on the 12 th February 2013, filed its defence to the present suit, denying the allegations levelled against it. This Statement of Defence was amended on the 25 th March 2015.
PLAINTIFF'S CASE:
6. According to the Plaintiff's pleadings, on or around 3 rd August 1968, she acquired her interest in the land, the subject matter of this appeal, pursuant to a lease agreement with the Government of Ghana. The Plaintiff avers that following her acquisition, she constructed a fivebedroom, onestorey building with two garages and a twobedroom outhouse on a portion of the land. It is the Plaintiff's case that sometime in 2005, sh