SOFT SHEEN CARSON v. WILLIAM FUGAR

KUSI-APPIAH, J.A. :

This is an appeal against the judgment of the High Court, (Fast Track Division), Accra, dated 31st May, 2012 in which judgment was entered in favour of the Plaintiff/Respondent against the Defendant /Appellant. I will refer to the parties in the manner they appeared at the Court below.

By his amended writ of summons, the plaintiff claimed against the defendant for:-

“Recovery of the outstanding rent payment as follows:

a. Full payment of rent for the 3rd year of the term beginning 1st April, 2010 to 31st of March, 2011 being thirty-nine thousand, six hundred United States Dollars (USD$39,600.00) or its cedi equivalent at the prevailing interbank selling rates for the United States Dollar.

b. Damages for breach of contract.

c. Interest on the said amount from 1st of April, 2010 until date of final payment.”

The brief facts of this case are as follows:-

The plaintiff is the owner of a three bedroom unfurnished apartment flat, No. 9 in the complex known as Hansen Court situated at No. 58 Switchback Road, Cantonments Residential Area, Accra. The defendant is a Free Zone Company Incorporated in the Republic of Ghana and operating under the provision of the Free Zone Act 1994 among other laws.

It is the case of the plaintiff that on or about 29th day of February, 2008, he entered into a tenancy agreement (Exhibit A) with the defendant for a term of three years from 1st April, 2008 to 31st March, 2011. Under the lease agreement, the defendant will rent the plaintiff’s property (above mentioned) against a monthly rent including a service charge of Three Thousand, Three Hundred US Dollars (USD$3,300.00) payable in advance for two years.

Advance payment of two years rent was made by the defendant to the plaintiff after which the former was given possession of plaintiff’s property.

According to the plaintiff clause 5 of Exhibit A provided for the mode of termination and was explicit on service of notices by parties in such events. He alleged that the defendant left the premises without any notice to the plaintiff and thus breached the terms of the tenancy agreement (Exhibit A).

The plaintiff averred that all attempts at getting a tenant to occupy the premises after the departure of the defendant have been unsuccessful. He contended that a demand notice for the payment of outstanding rent of US$3,300.00 per month for the third year of the term beginning 1st April, 2010 to 31st March, 2011 amounting to US$39,600.00 was ignored by the def