TSIKATA VRS TEMA DEVELOPMENT CORPORATION AND 2ORS (A11/08/19) [2024] GHACC 63 (12 February 2024)

TSIKATA VRS TEMA DEVELOPMENT CORPORATION AND 2ORS (A11/08/19) [2024] GHACC 63 (12 February 2024)

The Plaintiff breached the lease agreement by using the land for commercial purposes without the first Defendant's approval. The Plaintiff's construction on the common boundary fence wall violated the National Building Regulations and was not authorized by the permit. The first and second Defendants trespassed onto the Plaintiff's property in their attempt to abate the breach, entitling the Plaintiff to damages for trespass. The Plaintiff failed to prove the value of items allegedly taken. The third Defendant is entitled to general damages for damage to the common boundary fence wall and electric fence caused by the Plaintiff's unauthorized construction.

Citation
TSIKATA VRS TEMA DEVELOPMENT CORPORATION AND 2ORS (A11/08/19) [2024] GHACC 63 (12 February 2024)
Parties
Plaintiff: Emmanuel Tsikata; First Defendant: Tema Development Corporation; Second Defendant: Wing Commander (Rtd) Quansah; Third Defendant: Alfonso Amorin
Court
ghacc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for all parties in part; reliefs granted and denied as specified.
Legal Topics
Breach of Lease Agreement, Trespass, Building Regulations, Damages, Counterclaim
Source Language
eng
Property Law Land Law Contract Law Tort Law Breach of Lease Agreement Trespass Building Regulations Damages +1 more

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Parties

Emmanuel Tsikata

Plaintiff

Tema Development Corporation

First Defendant

Wing Commander (Rtd) Quansah

Second Defendant

Alfonso Amorin

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff breached clause iii of the agreement with the first Defendant regarding use of land for residential purposes only
  2. 2 Whether the Plaintiff can use the leased plot for commercial purposes
  3. 3 Whether the Plaintiff's construction works violated the National Building Regulations

Ratio Decidendi

The Plaintiff breached the lease agreement by using the land for commercial purposes without the first Defendant's approval. The Plaintiff's construction on the common boundary fence wall violated the National Building Regulations and was not authorized by the permit. The first and second Defendants trespassed onto the Plaintiff's property in their attempt to abate the breach, entitling the Plaintiff to damages for trespass. The Plaintiff failed to prove the value of items allegedly taken. The third Defendant is entitled to general damages for damage to the common boundary fence wall and electric fence caused by the Plaintiff's unauthorized construction.

Court Disposition

Judgment for all parties in part; reliefs granted and denied as specified.

Orders

  • First and second Defendants to restore to the Plaintiff all items taken by workers of the first Defendant, forthwith.
  • GH¢1,000.00 awarded to Plaintiff against first and second Defendants as damages for trespass.