SOFT SHON CARSON
V.
WILLIAM FUGAR

(2014) JELR 69613 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/85/2013 ·  10 Apr 2014 ·  Ghana
CORAM
ABBAN (MRS.) J.A. (PRESIDING), KUSI-APPIAH J.A., KWAKU GYAN J.A.
Core Terms Beta
defendant
plaintiff
damages
interest
tenancy agreement
trial judge
date of final payment
breach of contract
award of interest
exhibit a.
full payment of rent
judgment of the high court
lease agreement
months notice
registered post
said amount
united states dollars
agreed requirement of clause
award of usd26,400 dollars
break clause
brief facts of this case
case of the plaintiff
cedi equivalent
contention of counsel
contention of the defendant
current place
decision of the learned trial judge
demand notice
favour of the plaintiff
following grounds
following words
free zone company
fundamental issue
h. abban
months notice of intention
plaintiff clause
plaintiff’s property
recovery of the outstanding rent payment
relevant authorities
requisite notice of intention
service of notices
terms of the tenancy agreement
trial court
united states dollar
us dollars
way of damages
weight of evidence

KUSI-APPIAH, J.A.: This is an appeal against the judgment of the High Court, (Fast Track Division), Accra, dated 31st May, 2012 in which judgment was entered in favour of the Plaintiff/Respondent against the Defendant/Appellant. I will refer to the parties in the manner they appeared at the Court below.

By his amended writ of summons, the plaintiff claimed against the defendant for:-

“Recovery of the outstanding rent payment as follows:

a. Full payment of rent for the 3rd year of the term beginning 1st April, 2010 to 31st of March, 2011 being thirty-nine thousand, six hundred United States Dollars (USD$39,600.00) or its cedi equivalent at the prevailing interbank selling rates for the United States Dollar.

b. Damages for breach of contract.

c. Interest on the said amount from 1st of April, 2010 until date of final payment.”

The brief facts of this case are as follows:-

The plaintiff is the owner of a three bedroom unfurnished apartment flat, No. 9 in the complex known as Hansen Court situat…

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