JANET BOADI -BENONI
V.
SALOME AMOH YENKYIRA

(2016) JELR 107808 (HC)    
High Court  ·  SUIT NO: BMISC 756/2014 ·  28 Oct 2016 ·  Ghana
CORAM
PATIENCE MILLS-TETTEH (MRS)
Core Terms Beta
plaintiff
defendant
shop
ghc
air conditioners
agreement
written agreement
cross examination
1st november
oral agreement
10th day of april
case of the plaintiff
subject matter of dispute
breach of contract
defendant’s shop
stanbic bank
total cost of ghc
concurrence of the landlord
cost of the stock
cross-examination
defendant’s heavy indebtedness
defendant’s landlord
defendant’s supermarket
following reliefs
lock
new issue
order of perpetual injunction
outstanding amount of ghc
part of the monies
patience mills-tetteh
payment of ghc
plaintiff’s entry
plaintiff’s quiet enjoyment
plaintiff’s tenure
rent amount
said agreement
said supermarket
satisfaction of the agreed sum of ghc
sky fuel filing station
terms of agreement
total sum of money
urgent need

JUDGMENT 

The plaintiff herein purported to enter into an agreement with the defendant,  under the terms of agreement, she is to take over the defendant’s shop and pay  the rent and cost of the stock in the shop by installment over a period of three  years, but before the expiration of the time agreed upon, the defendant locked the plaintiff out of the shop. The plaintiff therefore brought this action claiming  against the defendant the following reliefs: 

1. A declaration that the defendant has breached the agreement under which  defendant granted plaintiff’s entry to and take-over of the  supermarket/shop situate at Sky fuel filing station, near Madina Social  Welfare Accra, since 1st November 2013. 

2. A declaration that the defendant has breached the agreement under which  she purported to have sold to plaintiff all pre-existing stock along with the  fridges and refrigerators and the four air conditioners cooling the shop for  valuable consideration since the 10th day of April 2014. …

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