WINFRED NII BOYE TAGOE & 2 OTHERS
V.
INTERLIFE COMPANY LIMITED & ANOTHER

(2009) JELR 65494 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/208/08 ·  18 Jun 2009 ·  Ghana
CORAM
ASARE KORANG J.A. [PRESIDING], ACQUAYE J.A, ADUAMA OSEI J.A.
Core Terms Beta
defendants
plaintiffs
lease
respondents
appellants
trial court
favour of the plaintiffs
statement of claim
demised premises
ground floor
cross-examination
general damages
lease agreement
two-storey building
writ of summons
arrears of rent
judgment of the trial court
learned trial judge
possession of the demised premises
appeal record
conditions of the lease
exclusive right
existing ground rent
present case
breach of a term
clauses
cross-examination of the 2nd defendant
date of the writ
evidence of the defendants
high court
judgment of the high court
lessees of the plaintiffs
real issues
record shows
recovery of arrears of rent
recovery of the possession of the property
rent payment
repossession of premises
respectful view
respect of the said property
respondents of an opportunity
review clause
review of rent
state of completion
subject matter of a lease
subsistence of the lease
suppression of the lease agreement
weight of evidence

JUDGMENT

ADUAMA OSEI J.A.

This is an appeal against a judgment of the High Court, Accra, dated the 2nd of June, 2005, in which the High Court entered judgment in favour of the Plaintiffs/Respondents for reliefs which included an order for repossession of premises leased to the Defendants/Appellants by the Plaintiffs/Respondents, arrears of rent in respect of the said property, general damages for breach of a term in the lease and general damages for suppression of the lease agreement.

The Writ of Summons that commenced the action was issued on the 3rd of April, 2003, and in the Statement of Claim that accompanied the Writ, the Plaintiffs/Respondents described themselves as lessors and beneficial owners of property at Peregrino Aryee Street, Abossey Okai in Accra, which was the subject matter of a lease executed on the 26th of September, 1992 between them and the Defendants/Appellants.

It was alleged in the Statement of Claim that the lease was subject to rent payable in advance at the rat…

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