AFRIYIE VRS. DJIBO AND ANOTHER (A9/271/22) [2022] GHADC 433 (19 December 2022)

AFRIYIE VRS. DJIBO AND ANOTHER (A9/271/22) [2022] GHADC 433 (19 December 2022)

The Plaintiff and 2nd Defendant had a valid 10-year agreement from 2014 regarding the ground floor shops, including Shops 3 and 4. Plaintiff's interest subsisted at the time of the disputed transactions. The Defendants' purported agreement excluding the Plaintiff was invalid as it breached the subsisting agreement. The 1st Defendant is liable for mesne profits and damages for breach, and the 2nd Defendant is liable for breach and must refund sums to the 1st Defendant. The Plaintiff's interest is now at or near its end, so ejectment is not ordered in his favour.

Citation
[2022] GHADC 433
Parties
Plaintiff: Bismark Osei Afriyie; 1st Defendant: Mr. Safianu Djibo; 2nd Defendant: Mrs. Margaret Oppong Amoah
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 December 2022
Case Number
A9/271/22
Procedural Posture
Civil / Judgment
Outcome
Partly in favour of Plaintiff; counterclaims largely dismissed; orders for payment and possession issued.
Legal Topics
Tenancy Agreements, Breach of Contract, Mesne Profits, Damages, Oral and Written Agreements, Fraud and Forgery Allegations
Source Language
English
Land Law Contract Law Landlord and Tenant Tenancy Agreements Breach of Contract Mesne Profits Damages Oral and Written Agreements +1 more

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Parties

Bismark Osei Afriyie

Plaintiff

Mr. Safianu Djibo

1st Defendant

Mrs. Margaret Oppong Amoah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff entered into any agreement with the 2nd Defendant and her deceased sister regarding the retail shopping complex at Tip-Toe lane, Kwame Nkrumah Circle
  2. 2 Whether the Plaintiff has any interest in Shops Number 3 and 4 of the shopping complex
  3. 3 Whether there is a valid contract between the Defendants in respect of Shop Numbers 3 and 4

Ratio Decidendi

The Plaintiff and 2nd Defendant had a valid 10-year agreement from 2014 regarding the ground floor shops, including Shops 3 and 4. Plaintiff's interest subsisted at the time of the disputed transactions. The Defendants' purported agreement excluding the Plaintiff was invalid as it breached the subsisting agreement. The 1st Defendant is liable for mesne profits and damages for breach, and the 2nd Defendant is liable for breach and must refund sums to the 1st Defendant. The Plaintiff's interest is now at or near its end, so ejectment is not ordered in his favour.

Court Disposition

Partly in favour of Plaintiff; counterclaims largely dismissed; orders for payment and possession issued.

Orders

  • 1st Defendant to give vacant possession of Shops Nos. 3 and 4 to 2nd Defendant by 1st January 2025.
  • 1st Defendant to pay Plaintiff mesne profit of GH¢2,700.00 per month for each shop from 4th May 2022 to date.