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OSEI
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INNOVA HOLDINGS LTD

(2025) JELR 113328 (SC)

Supreme Court 11 Feb 2025 Ghana
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- Supreme Court held that the agreement was fundamentally a tenancy agreement regulated by the Rent Act; the tenant’s covenant to "renovate and remodel" did not permit demolition, as "remodelling" under section 36 of the Rent Act excludes d

Case Details

Suit Number:CIVIL APPEAL NO: J4/68/2023
Judges:AMADU JSC (PRESIDING) KULENDI JSC GAEWU JSC DARKO ASARE JSC ADJEI-FRIMPONG JSC
Counsel:KIZITO BEYUO ESQ. WITH IRIS AGGREY ORLEANS ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT RICHMOND NUMBO SAAKA ESQ. WITH NANA BOAKYE MENSAH BONSU ESQ. FOR DEFENDANT/APPELLANT/RESPONDENT

KULENDI JSC:

INTRODUCTION:

  1. We have before us an appeal against the judgment of the Court of Appeal, Accra, dated 21 June, 2018. This judgment overturned, in part, the judgment of the High Court dated the 21 day of March, 2016.

  2. Since both parties in this suit are cross-appellants, they shall be referred to by their original designations as Plaintiff and Defendant, respectively.

FACTS:

  1. The present appeal arises from an action initiated by the Plaintiff through the issuance of a Writ of summons, accompanied by a Statement of Claim, against the Defendant. The suit was filed in the Registry of the High Court (Land Division), Accra, on 17 September 2012 and subsequently amended on 23 March 2015.

  2. The Plaintiff’s claim is premised on an alleged breach by the Defendant of an agreement dated 18 September 2008 between the parties. The Defendant is alleged to have unlawfully demolished one of two properties situated on a portion of the leased land known as No. 70 Volta Street, Airport Residential Area,…

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