TSIKATA VRS TEMA DEVELOPMENT CORPORATION & 2 OTHERS (A11/08/19) [2024] GHACC 26 (12 February 2024)

TSIKATA VRS TEMA DEVELOPMENT CORPORATION & 2 OTHERS (A11/08/19) [2024] GHACC 26 (12 February 2024)

Plaintiff breached lease restricting land use to residential purposes by constructing a gymnasium for commercial use without approval from the lessor. Construction violated National Building Regulations and was unauthorized on the common boundary fence wall. First and second Defendants trespassed by entering Plaintiff’s property without legal right of re-entry. Plaintiff entitled to damages for trespass and restoration of seized tools. Third Defendant entitled to general damages and restoration of boundary wall and electric fence. Demolition and injunction reliefs denied as not within parties’ contractual remedies or statutory capacity.

Citation
TSIKATA VRS TEMA DEVELOPMENT CORPORATION & 2 OTHERS (A11/08/19) [2024] GHACC 26 (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 / Final Judgment
Outcome
Judgment partly for Plaintiff, partly for Defendants; each party succeeded in part.
Legal Topics
Lease Breach, Trespass, Building Regulations, Damages, Counterclaim, Declaratory Relief
Source Language
eng
Property Law Contract Law Tort Law Local Government Law Lease Breach Trespass Building Regulations Damages +2 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 / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff breached clause iii of the terms of agreement between Plaintiff and the first Defendant in the offer letter
  2. 2 Whether Plaintiff can use the leased plot for commercial purposes
  3. 3 Whether construction works carried out by Plaintiff are in violation of the National Building Regulations

Ratio Decidendi

Plaintiff breached lease restricting land use to residential purposes by constructing a gymnasium for commercial use without approval from the lessor. Construction violated National Building Regulations and was unauthorized on the common boundary fence wall. First and second Defendants trespassed by entering Plaintiff’s property without legal right of re-entry. Plaintiff entitled to damages for trespass and restoration of seized tools. Third Defendant entitled to general damages and restoration of boundary wall and electric fence. Demolition and injunction reliefs denied as not within parties’ contractual remedies or statutory capacity.

Court Disposition

Judgment partly for Plaintiff, partly for Defendants; each party succeeded in part.

Orders

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