BERNICE OMOTAYO WARD-BREW
V.
JONAS KABUTEY NARTEY

(2017) JELR 69616 (HC)    
High Court  ·  SUIT NO. GJ/356/2016 ·  1 Feb 2017 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
plaintiff
defendant
evidence
store
mr. sunu
outstanding rent
third party
owner of the property
united states dollars
unit shop
witness statement
witness statements
court’s order
monthly rent
plaintiff’s case
recovery of possession
subject matter of the suit
william kofi sunu
absolute right of ownership
akilaja olufemi akiwumi
available evidence
behalf of the plaintiff
candid opinion of this court
commercial purposes
cost of counsel
court finds
court’s opinion
documentary evidence
following reliefs
house number
late father
late mother
lower rate
marriage certificate
mr. olufemi akiwumi
names of akilaja olufemi akiwumi
peculiar circumstances of the present case
present case
prevailing commercial bank rate
property rate receipts
registry of this court
relief b
said interaction
signed copy
special relationship
tayu akiwumi
tenancy agreements
units of shops
written lease

RULING

Introduction

[1] This is an application filed for and on behalf of the Plaintiff/Applicant for judgment in default of appearance.

The Plaintiff on March 16, 2016 issued a writ from the registry of this Court for the following reliefs:-

a. An Order for the payment of the sum of One Hundred and Eleven Thousand One Hundred United States Dollars (USD 11,100) being outstanding rent owed the Defendant to the Plaintiff as at 29th February, 2016.

b. Interest on the said outstanding rent at the prevailing commercial bank rate from January, 2009 to date of final payment.

c. Recovery of possession of the one unit shop at House No. 42/6, Newtown, Accra leased by the Plaintiff to the Defendant.

d. General damages for breach of contract.

e. Cost including cost of Counsel.

[2] After many failed attempts to personally serve the Defendant, he was served by substitution pursuant to this Court’s order dated June 9, 2016. Further to the service, the Plaintiff filed the instant application for judgment in d…

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