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February 11, 2025
SUPREME COURT
GHANA
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
AI Generated Summary
Mrs. Agnes Gertrude Osei leased her Airport Residential Area property at No. 70 Volta Street to Innova Holdings under a 25-year tenancy agreement dated 18 September 2008 that included an auxiliary obligation on the tenant to remodel and renovate at its own expense for subletting. The tenant later demolished the five-bedroom building without Osei’s consent, insisting demolition fell within ‘remodel and renovate’ and that Osei had encouraged it through an intermediary. The High Court held the demolition was unlawful, forfeited the tenancy, and awarded damages. The Court of Appeal (2–1) affirmed liability but re-characterized the agreement and granted relief from forfeiture, revising damages. On cross-appeals, the Supreme Court, per Kulendi JSC, unanimously restored forfeiture, held the agreement was fundamentally a tenancy governed by the Rent Act, applied Section 36 to conclude ‘remodelling’ excludes demolition, enforced the written terms over alleged extrinsic understandings under Evidence Act Section 177, and affirmed special damages of GHS 1,487,767.73, general damages of GHS 30,000, interest, and costs, directing delivery of vacant possession within 30 days.