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 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 rest…

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