J U D G M E N T
The plaintiff was a former tenant of the defendant in the Emporium section of the plush Movenpick Ambassador Hotel in Accra. The plaintiff signed a three year tenancy agreement with the defendant and paid the rent for the first year but when the rent for the second year came up for payment, the plaintiff instituted this action seeking the following reliefs:
1. Damages for breach of the defendant’s covenant for quiet enjoyment. 2. An order that the said damages be deducted from the rent paid or payable by the plaintiff for the rental of the Unit.
3. Costs including solicitor’s fees.
In a statement of defence filed on behalf of the defendant by its counsel, the defendant counter claimed for inter alia arrears of rent, Common Area Maintenance (CAM fees), and electricity charges amongst others. The defendant subsequently applied for summary judgment on its counterclaim and this court differently constituted granted all the reliefs on the defendant’s…