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NATIONAL INVESTMENT BANK
V.
ALHAJI SUMANI ZAKARI

(2010) JELR 65322 (CA)

Court of Appeal 26 Mar 2010 Ghana
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- This case involves an appeal by National Investment Bank against a judgment by the High Court, Tamale. - The trial court found that the respondent, Alhaji Sumani Zakaria, was in breach of the covenant for quiet enjoyment and awarded damag

Case Details

Suit Number:CIVIL APPEAL NO. H1/234/2006
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Counsel:AKU SIKA DADZIE ESQ. COUNSEL FOR PLAINTIFF/RESPONDENT,MR. E. K. MUSAH ESQ. COUNSEL FOR DEFENDANT/APPELLANT

JUDGMENT

IRENE C. DANQUAH (MS), J.A.

This appeal is by National Investment Bank who will be referred to as “Appellants” against the judgment dated 16th June, 2006 by the High Court, Tamale, in a consolidated suit.

In the said judgment, the trial court held that:

1) Alhaji Sumani Zakaria (respondent herein) was in breach of the covenant for quiet enjoyment and therefore awarded to the Appellant ¢10,000,000.00 damages against the Respondent; and

2) The Appellant was in breach for non payment of rent for the year 2001 and awarded ¢4,000,000.00 as rent per month for that year together with interest at the prevailing bank rate against it.

The undisputed facts in the case were that the appellant had been a tenant of the respondent for over twenty years by occupying part of the respondent’s property known as No. 8 Daboya Road, Tamale.

On 29th June, 2005, the appellant issued a Writ of Summons at the High Court, Tamale in Suit No. E 2/15/05 against the respondent for an order for injunction to restr…

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