Asiamah Boadi and 3 Others Vrs Opoku Agyemang [2022] GHAHC 17 (4 November 2022)

Asiamah Boadi and 3 Others Vrs Opoku Agyemang [2022] GHAHC 17 (4 November 2022)

The Defendant was entitled to re-enter and evict the Plaintiffs due to non-payment of rent and subletting in breach of the Tenancy Agreement. Plaintiffs failed to prove any damage to their property. The undertaking to pay GH¢100,000.00 was voluntary and enforceable. Reliefs sought by Plaintiffs are dismissed; Defendant's counter-claim is granted.

Citation
[2022] GHAHC 17
Parties
1st Plaintiff: Eugene Asiamah Boadi; 2nd Plaintiff: Met Capital Company Limited; 3rd Plaintiff: ASI-B Pensions Trust Limited; 4th Plaintiff: ASI-B Savings and Loans Limited; Defendant: Ernest Opoku Agyemang
Court
High Court
Jurisdiction
Ghana
Judgment Date
4 November 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiffs' suit dismissed; Defendant's counter-claim granted
Legal Topics
Tenancy Agreement, Breach of Contract, Eviction, Damages, Subletting
Source Language
English
Landlord and Tenant Contract Tenancy Agreement Breach of Contract Eviction Damages Subletting

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Parties

Eugene Asiamah Boadi

1st Plaintiff

Met Capital Company Limited

2nd Plaintiff

ASI-B Pensions Trust Limited

3rd Plaintiff

ASI-B Savings and Loans Limited

4th Plaintiff

Ernest Opoku Agyemang

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st Plaintiff disclosed to the Defendant the nature of the businesses and purpose for renting the properties
  2. 2 Whether the Defendant unlawfully entered and evicted the Plaintiffs
  3. 3 Whether the Plaintiffs suffered damage or losses as a result of the Defendant's actions

Ratio Decidendi

The Defendant was entitled to re-enter and evict the Plaintiffs due to non-payment of rent and subletting in breach of the Tenancy Agreement. Plaintiffs failed to prove any damage to their property. The undertaking to pay GH¢100,000.00 was voluntary and enforceable. Reliefs sought by Plaintiffs are dismissed; Defendant's counter-claim is granted.

Court Disposition

Plaintiffs' suit dismissed; Defendant's counter-claim granted

Orders

  • Plaintiffs' reliefs dismissed
  • Defendant awarded GH¢30,000.00 general damages against 1st Plaintiff