OFEI BOSOMPEM & ANOTHER v. STEPHEN TETTEH KWAME
July 7, 2010
SUPREME COURT
GHANA
CORAM
- AKUFFO (MS), JSC (PRESIDING)
- DR. DATE-BAH, JSC
- ADINYIRA (MRS), JSC
- BAFFOE-BONNIE, JSC
- GBADEGBE, JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
July 7, 2010
SUPREME COURT
GHANA
CORAM
AI Generated Summary
A dispute over the premises housing the Pan Africa Hotel reached Ghana’s Supreme Court after the Court of Appeal refused to grant leave to execute the High Court’s judgment. The plaintiffs (landlords) had obtained judgment on 22/02/2006 for vacant possession, mesne profits of ¢800,000 per month from 27/07/1999, and costs of ¢20,000,000, deeming continued occupation without paying economic rent unconscionable. The Court of Appeal later granted a stay of execution on terms requiring payment of half the judgment debt by 15/05/2008 while respondents remained in possession. After substantial but late payments, the appellants sought leave to execute; the Court of Appeal refused, noting the payments. On appeal, Mr. Antonio argued orders must be obeyed; Mr. Ahenkorah contended the refusal was interlocutory and the appeal time-barred. Justice P. Baffoe-Bonnie, joined by Justices S. A. B. Akuffo, Dr. S. K. Date-Bah, S. O. A. Adinyira, and N. S. Gbadegbe, held the refusal interlocutory, applied Rule 8(1)(a) C.I. 16, and dismissed the appeal as incompetent.
BAFFOE-BONNIE, JSC:
The facts in the current appeal are fairly simple. The applicants herein instituted an action at the High Court claiming;
(a) Possession of the premises housing the Pan Africa Hotel ¢300,000 monthly rent from the 27/07/1999 up to date of service of the writ.
(b) Mesne profits at the rate of ¢800,000 per month from the date of the service writ till delivery of possession to the plaintiff and
(c) Costs.
The trial High Court Judge found for the appellants in this action and among other things stated as follows;
“It would therefore be unconscionable to allow the defendants to retain possession without paying economic rent for the premises in favour of the plaintiff and not grant the plaintiff vacant possession of the premises housing the Pan African Hotel. I shall also allow the plaintiffs claim for ¢800,000 as mesne profits from the 27th July 1999 to date. I shall accordingly enter judgment for the plaintiff for that sum since that sum would in my view be a fair rent for the said premises. Costs of ¢20,000,000 in favour of plaintiff”.
This judgment was delivered on 22/02/2006; i.e 7 years after the writ was issued. Dissatisfied, the Respondents herein, immediately filed appeal which is still pending at the Court of Appeal.
After filing of the appeal, he also applied to the High Court for stay of execution pending appeal, but same was dismissed. The application was repeated and granted by the Court of Appeal which on 31/03/2008 held as follows:
“……..At least half of the judgment debt should be paid as this would not work any hardship on the judgment debtor.……… For this reason, the application is granted on terms. i.e., half of the judgment debt must be paid while the applicant remains in possession as he pursues his appeal. The amount is to be paid on or before the 15th of May 2008.”
Even though he is yet to complete the payment so ordered the respondents have made substantial payments, most of which were made after the deadline given by the Court. Following the failure of the Respondent herein to beat the deadline given by the Court of Appeal, the appellant herein went to the High Court which on 16/7/2008 granted them leave to issue a writ of possession.
That leave to go into execution is still pending. However, for reasons that are not apparent on the face of the record, the appellants filed another motion, this time before the Court of Appeal, for “leave to go into execution of Judgment of High Court dated 22/2/2006 “
This ap