NATIONAL INVESTMENT BANK
V.
ALHAJI SUMANI ZAKARI

(2010) JELR 65322 (CA)

Court of Appeal · CIVIL APPEAL NO. H1/234/2006 · 26 Mar 2010 · Ghana

CORAM

MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Core Terms ^Beta

respondent

rent

year

letter

rent advance

exhibit a

trial court

exhibit t

learned judge

payment of rent

tenancy agreement

exhibit j

high court

prevailing bank rate

appellants

breach of the covenant

exhibit k

grounds of appeal

recovery of rent

statement of claim

suit no. e

trite learning

alhaji sumani zakaria

alternative recovery of the said amount

analysis of the evidence

appellant’s counsel

contention of counsel

date of judgment

judgment of the trial court

landlord rent

learned trial judge’s award

national investment bank

part of the respondent

recovery of tax receipts

registry of the court

respect of exhibit j.

respect of the covenant

said judgment

subject matter

tax payment

tenant of the respondent

threat of the respondents

view of the negotiated rent

written agreement

written submission

JUDGEMENT

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

This appeal is by National Investment Bank who will be referred to as “Appellants” against the judgment dated 16^th 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 29^th 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 rest…

NATIONAL INVESTMENT BANK V. ALHAJI SUMANI ZAKARI

NATIONAL INVESTMENT BANK
V.
ALHAJI SUMANI ZAKARI