SENATOR HOTEL GHANA LIMITED v. NANA ERNEST AIDOO
2022
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- PWAMANG JSC
- DORDZIE (MRS.) JSC
- AMEGATCHER JSC
- AMADU JSC
Areas of Law
- Civil Procedure
- Evidence Law
- Contract Law
- Property and Real Estate Law
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Amadu JSC, dismissed an appeal arising from a hotel management-rental dispute. A hotel owner (Plaintiff) rented its premises to an operator (Defendant) under a written agreement commencing 1 January 2013 with monthly rent of GHc8,000 for 24 months, with rent to be paid into Plaintiff’s United Bank for Africa (UBA) account. Plaintiff alleged seven months’ rental arrears in 2014, unpaid electricity bills after the Electricity Company of Ghana (ECG) converted pre-paid to post-paid meters, and destruction of property. Defendant claimed initial cash/cheque payments, a second UBA account with him as sole signatory, and interference by Plaintiff’s director, and disputed electricity charges. The High Court credited Exhibit ‘L’ (UBA statement), found rent paid up to May 2014, arrears from June 30 to December 31, 2014 totaling GHc56,000, and ordered Defendant to pay two-thirds of electricity bills. The Court of Appeal affirmed but cut general damages to GHc5,000. The Supreme Court upheld the concurrent findings, rejected unproven deposits, and restored the trial court’s GHc10,000 general damages award.
AMADU JSC:-
This appeal is from the judgment of the Court of Appeal which affirmed the judgment of the trial court except a variation of the quantum of general damages awarded to the Plaintiff/Respondent.
In the High Court Kumasi, the Plaintiff/Respondent/Respondent (hereinafter referred to as the “Plaintiff”) claimed from the Defendant/Appellant/Appellant (hereinafter referred to as the “Defendant”) the following reliefs:-
An Order for the recovery of an amount of Sixty-Four Thousand
Ghana Cedis (Ghc64,000.00) being rent arrears from May to December, 2014.
Interest on the said amount at the prevailing bank rate from December, 2014 till date of final payment.
An Order for the recovery of an amount of Fifty-Eight Thousand Ghana Cedis (Gh58,000.00) being the cost of the Plaintiff’s properties which were destroyed by the Defendant.
An Order for the recovery of an amount of Twenty-five Thousand One Hundred and Eighteen Ghana Cedis Thirty-two Pesewas (Ghc25,118.32) being the cost of electricity bills consumed by the Defendant from January, 2013 to December, 2014
General damages for loss of customer due to the destruction of hotel records by the Defendant”.
PLAINTIFF’S CASE IN THE HIGH COURT
The Plaintiff’s case in the High Court was that,on 1st January, 2013, it entered into a written agreement with the Defendant whereby it’shotel premises was rented out to the Defendant at a monthly rent of Ghc8,000.00 for a period of Twenty-Four (24)months ending 31st December, 2014. It was agreed that all rents due were to be paid into Plaintiff’s account with United Bank of Africa (UBA) per the terms ofagreement. The Plaintiff asserted that the Defendant was to pay all taxes and utility bills on the use of the premises but he defaulted in paying eight months’ rent amounting to Ghc64,000.00 and also left unpaid electricity bills in the sum of Ghc25,118.20. The Plaintiff further asserted that after an inventory was taken, it turned out that the Defendant destroyed property belonging to the hotel with an estimated cost of Ghc58,000.00. Hence the Plaintiff’s action in the High Court.
DEFENDANT’S CASE
In his defence, the Defendant asserted that he took over the running of the hotel premises in March 2013 but there was no agreement that payment of the rent was to be made to a UBA bank account as alleged by the Plaintiff.The Defendant asserted further that the Plaintiff opened a second account with UBA bank and made the Defendant the“sole signatory”even though the Plai