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WILLIAM FUGAR v. SOFT SHEEN CARSON

2012

HIGH COURT

GHANA

CORAM

  • LORDSHIP THE HONOURABLE MR. JUSTICE K. A. OFORI ATTA, J

Areas of Law

  • Contract Law
  • Property and Real Estate Law

AI Generated Summary

The case involved a dispute over the termination of a lease agreement between the Plaintiff (landlord) and Defendant Company (tenant) for a three-bedroom apartment in Accra. The lease term was from April 1, 2008, to March 31, 2011, but the Defendant sought to terminate the lease early by sending a notice on February 12, 2010, and vacating the premises. The Plaintiff argued the termination notice was not properly served according to the lease agreement's requirements and claimed overdue rent and damages for breach of contract. The court held that the mode of service of the termination notice was incompatible with the agreed requirements, finding the Defendant in breach of the agreement. However, the court also noted the Plaintiff's obligation to mitigate damages and awarded partial damages for the period the property remained unlet.

JUDGMENT