[2009]DLCA7798 • January 22, 2009 • Court of Appeal
THE REPUBLIC vs. KEN RAY PORTER (RESPONDENT/APPELLANT) EX PARTE; WILLIAM KWAKYE AND ALICE KWAKYE (INTERESTED PARTIES APPLICANTS)
APALOO J A; The facts in this appeal are not in dispute and are equally simple. The applicants William and Alice Kwakye as husband and wife granted a tenancy of property to a foreign investor company by the name Global Investment Group per an agreement dated 3rd May 2003. The tenants, it is alleged paid their rents to the Respondents/Applicants religiously until upon the advice of the Lands Commission, Global Investment Group stopped further payments. The Applicants/Respondents herein as Plaintiffs sued their tenant namely Global Investment Group for arrears of rent mesne profits etc. in the Circuit Court. The Defendant Company filed its defence and counter claim challenging the title of the Plaintiff that they were not the owners of the land on which the uncompleted building they had rented out to them stood. In the course of the trial the Circuit Court made an order upon the application of the plaintiffs that the Defendant/Company should pay the accrued rents into court p...