OSEI VRS INNOVA HOLDINGS LTD (J4/68/2023) [2025] GHASC 7 (11 February 2025)

OSEI VRS INNOVA HOLDINGS LTD (J4/68/2023) [2025] GHASC 7 (11 February 2025)

The tenancy agreement was fundamentally a tenancy agreement governed by the Rent Act; the obligation to remodel and renovate did not permit demolition. Defendant breached the agreement by demolishing the property without consent, entitling Plaintiff to forfeiture. Special damages are properly measured by the current cost of reconstruction, not historical cost. Relief against forfeiture cannot be granted suo motu without application under statutory provisions.

Citation
[2025] GHASC 7
Parties
Plaintiff/respondent/appellant/cross Respondent: Mrs Agnes Gertrude Osei; Defendant/appellant/respondent/cross Appellant: Innova Holdings Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 February 2025
Case Number
J4/68/2023
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal succeeds in part; tenancy forfeited; damages affirmed.
Legal Topics
Tenancy Agreements, Forfeiture, Remodelling and Renovation, Special Damages, Relief Against Forfeiture
Source Language
English
Land Law Contract Law Landlord and Tenant Tenancy Agreements Forfeiture Remodelling and Renovation Special Damages Relief Against Forfeiture

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Parties

Mrs Agnes Gertrude Osei

Plaintiff/respondent/appellant/cross Respondent

Innova Holdings Ltd

Defendant/appellant/respondent/cross Appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the tenancy agreement permitted demolition under the 'remodel and renovate' clause
  2. 2 Whether the Defendant's actions constituted breach justifying forfeiture
  3. 3 Appropriate measure and proof of special damages

Ratio Decidendi

The tenancy agreement was fundamentally a tenancy agreement governed by the Rent Act; the obligation to remodel and renovate did not permit demolition. Defendant breached the agreement by demolishing the property without consent, entitling Plaintiff to forfeiture. Special damages are properly measured by the current cost of reconstruction, not historical cost. Relief against forfeiture cannot be granted suo motu without application under statutory provisions.

Court Disposition

Appeal succeeds in part; tenancy forfeited; damages affirmed.

Orders

  • Order of High Court forfeiting Defendant’s tenancy restored.
  • Defendant to deliver vacant possession within 30 days.