Senator Hotel Ghana Limited Vrs Nana Ernest Aidoo [2022] GHASC 25 (27 April 2022)

Senator Hotel Ghana Limited Vrs Nana Ernest Aidoo [2022] GHASC 25 (27 April 2022)

The Supreme Court found that the concurrent findings of the trial court and Court of Appeal were supported by the evidence, including documentary proof of rent payments and electricity bills. Defendant failed to discharge the burden of proof regarding full payment and exclusive control of the bank account. The reduction of general damages by the Court of Appeal was reversed, restoring the trial court's award.

Citation
[2022] GHASC 25
Parties
Plaintiff/respondent/respondent: Senator Hotel Ghana Limited; Defendant/appellant/appellant: Nana Ernest Aidoo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 April 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed with variation
Legal Topics
Rent Arrears, Burden of Proof, Bank Account Control, Damages, Electricity Bills
Source Language
English
Contract Law Landlord and Tenant Evidence Rent Arrears Burden of Proof Bank Account Control Damages Electricity Bills

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Parties

Senator Hotel Ghana Limited

Plaintiff/respondent/respondent

Nana Ernest Aidoo

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether Defendant is liable for unpaid rent from May to December 2014
  2. 2 Whether Defendant is liable for electricity bill arrears
  3. 3 Whether Defendant destroyed Plaintiff's property

Ratio Decidendi

The Supreme Court found that the concurrent findings of the trial court and Court of Appeal were supported by the evidence, including documentary proof of rent payments and electricity bills. Defendant failed to discharge the burden of proof regarding full payment and exclusive control of the bank account. The reduction of general damages by the Court of Appeal was reversed, restoring the trial court's award.

Court Disposition

Appeal dismissed with variation

Orders

  • Restoration of general damages to Ghc10,000.00
  • Defendant to pay rent arrears for May to December 2014