MOST REV. TITUS AWOTWI AND 3 OTHERS
V.
JACQUELINE BOAKYE

(2019) JELR 69538 (HC)    
High Court  ·  SUIT NO: OCC/58/2017 ·  24 Jun 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Core Terms Beta
defendant
plaintiffs
rent control
evidence act
agreed rent
civil suits
legal burden of proof
burden of proof
credibility of a witness
cross examination
documentary evidence
exhibit c
existence of a fact
late edward osei boakye
pergah transport limited
recovery of the sum
11th may
26th october
3rd defendants
4th defendant
behalf of the plaintiffs
civil procedure
clear distinction
cogent evidence
default judgment
evidence of a witness
final judgment
final payment
following issues
following reliefs
high court
initial agreement
legal fees
monthly rent
normal practice
payment of rent
quality of credibility short
reasonable mind
relevant fact
required evidence of the facts
said sum
statement of defence
sufficient evidence
sum of ghc35,000.00
tenant of property
totality of the evidence
trustees of the 4th plaintiff
unsuccessful attempt
written address of counsel

JUDGMENT

Background

The Plaintiffs in this case issued a Writ of Summons against the Defendant herein for the following reliefs:

(a) Recovery of the sum of Thirty-Five Thousand Ghana Cedis (GHS35,000.00) being rent arrears as at November, 2016.

(b) Interest on the said sum of Thirty-Five Thousand Ghana Cedis (GHS35,000.00) at the prevailing lending rate from November 2016 up till the date of full and final payment.

(c) Costs including legal fees.

On 11th May, 2017 final judgment in default of appearance was entered against the Defendant in the sum of GHC35,000.00 and interest at the prevailing Commercial Bank lending rate from November, 2016 till date of final payment. Costs of GHC3,000.00 was also awarded against the Defendant.

On 26th October, 2017 the default judgment was set aside upon an application by the Defendant. Consequently, the Defendant filed a statement of defence on 14th November, 2017 and counter claimed against the Plaintiffs as follows:

a. A declaration that all items (perso…

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