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THE REPUBLIC
V.
NANA PREMPEH BRUSHIAMAN EX PARTE; ADELAIDE BOATIN

(2013) JELR 64773 (HC)

High Court 14 Mar 2013 Ghana
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- The case arose from the respondent's alleged willful disobedience of a consent judgment granted on 22/06/2011, which required that tenants with unexpired leases remain in possession until expiration, after which the plaintiff would take f

Case Details

Suit Number:NO.MISC/2/13
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:MR. SARFO GYAMFI FOR THE APPLICANT; MR. JAMES OSEI KOFI FOR THE RESPONDENT.

JUDGMENT

The Respondent has been hurled before this court on a charge of contempt of court. The Applicant alleged that the Respondent flouted the terms of a consent Judgment given by this court on 22/06/2011. The genesis of this case is that one Nana Nsiah (a contractor) agreed to put up the disputed stores which are now vested in Samuel Yaw Adih on a build, operate and transfer basis. After a series of litigations, the parties signed terms of settlement which the court adopted as consent judgment.

The said consent judgment was exhibited to the instant application as exhibits B and B1. The relevant part is reproduced below:

1. the tenants whose tenancies had not expired should continue to be in possession of the stores till the expiration of their tenancies.

2. after the expiration of the various tenancy agreements, the Plaintiff shall take possession of the entire house.

3. the rent shall be reviewed every two years after the plaintiff has taken over possession of the property.

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