Murphy Wiredu and Portia Wiredu v. Anthony Ansah and 2 Ors
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE K. A. GYIMAH
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved plaintiffs seeking relief for a shop rental agreement with the 1st defendant, where GH₵5,000 was paid as part of a GH₵8,000 advance. The shop was rented to another party despite plaintiffs' payments. The court dismissed the plaintiff's claims, finding insufficient evidence to support the existence of the oral contract and emphasizing the requirements for part performance and documentation under the law.
Plaintiffs’ Case By an amended writ of summons filed on 7th May 2015, the plaintiffs claimed the following reliefs against the defendants: i. A declaration that plaintiffs having on request of 1st Defendant paid GH₵5, 000. 00 out of the agreed rent advance of GH₵8, 000. 00 to 1st Defendant for the said unnumbered shop for the agreed term of 5 years are entitled to take occupation thereof and for the term of tenancy agreed thereon between the plaintiffs and the 1st defendant.
An order for specific performance of the oral contract/agreement reached between the plaintiffs and the 1st defendant on 22/6/2012 pursuant to which plaintiffs paid to the 1st defendant the sum of GH₵5, 000. 00 which he received and a further order compelling the 1st defendant to accept the outstanding balance of GH₵3000. 00 from plaintiffs and an order for recovery of vacant possession of the said shop from the defendants.
An order for perpetual injunction restraining the defendants either by themselves, their agents, servants and whomsoever from renting out, leasing, placing in occupation thereof, dealing with and in whatever manner interfering with the plaintiffs’ occupation of the said unnumbered shop located at Kwashieman stretch of George Walker Bush Motorway, Accra which is the subject matter of this suit.
General damages for loss of use of the said unnumbered shop with effect from 30/11/2014 and cost on full recovery basis including lawyer’s fees.
It is the plaintiffs’ case that they are tenants in one of the shops owned by the 1st defendant along the Kwashieman Stretch of the George Walker Bush Highway.
Around June 2012, the 1st defendant approached them and offered to rent another shop to the plaintiffs for a term of five years at an agreed rent of GH₵8, 000. 00. The said shop, according to the plaintiffs was occupied by a tenant whose tenancy was to expire in two years and the 1st defendant assured them that the tenant had confirmed vacating the premises when her lease expires.
Based on this representation, the plaintiffs paid an amount of GH₵5, 000. 00 and agreed that the remaining amount will be paid at the time the said tenant vacates the premises and the 1st defendant gives vacant possession of the shop to the plaintiffs.
The plaintiffs aver that the 1st defendant did not give them a receipt for the payment but he intimated that he will give them a receipt covering the total amount of GH₵8, 000. 00 when the full amount is paid.
The plaintiffs’ further state that