CONSTRUCTION WAREHOUSE (GH) LTD
V.
GHANA INSTITUTE OF PUBLIC ADMINISTRATION

(2021) JELR 109101 (CA)

Court of Appeal · H1/172/2021 · 25 Nov 2021 · Ghana

CORAM

SENYO DZAMEFE JA P. BRIGHT MENSAH JA JENNIFER DODOO JA

Core Terms ^Beta

appellant

respondent

mesne profits

lower court

trial court

learned trial judge

new tenants

appellate court

instant appeal

agreed rent

breach of contract

findings of the lower court

leased premises

possession of the premises

supreme court

cambridge university press

circumstances of the case

high court

monthly rent of us19,079.50

option of the respondent

reasonable steps

state of disrepair

submissions of counsel

agreed works

agreement of the works

award of ghc17,000.00

breach of the tenancy agreement

case of the appellant

close of the trial

cost of counsel

covenant clause

date of judgment

end of the trial

facts of case

facts of the case

further grounds of appeal

learned judge’s decision

mere act of mitigation of losses

notice of appeal

payment of mesne profits

possession of akosa plaza

real issues

receipt of the record of appeal

recovery of possession of house no. b871

registry of the lower court

weight of the evidence

whole 5-floor building

whole judgment

JUDGMENT

BRIGHT MENSAH JA:

The plaintiff/appellant in the instant appeal caused a writ of summons to be issued in the registry of the lower court, the High Court, Accra [General Jurisdiction] on 16/06/2016 against the defendant/respondent herein for the following judicial reliefs:

a) An order for recovery of possession of House No. B871/3, Asafoa-tse Nettey Road, Accra, and also known as Akosa Plaza, from the defendant in a good tenantable condition.

b) An order directed at the defendant to pay the water and electricity bills consumed by the defendant to date of handing over the pre-mises to plaintiff.

c) An order of ejectment.

d) An order for the payment of mesne profits from the month of September 2015 to date of judgment.

e) Damages for breach of contract.

f) Costs including cost of Counsel.

On record, the parties filed their respective processes and the claim hotly contested by the defendant/respondent. At the close of the trial, the lower court entered judgment in part for the plaintiff…

CONSTRUCTION WAREHOUSE (GH) LTD V. GHANA INSTITUTE OF PUBLIC ADMINISTRATION

CONSTRUCTION WAREHOUSE (GH) LTD
V.
GHANA INSTITUTE OF PUBLIC ADMINISTRATION