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…

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