OFEI BOSOMPEM AND EMMANUEL OPARE-BOSOMPEM vs. STEPHEN TETTEH KWAME

The plaintiffs instituted an action at the High Court claiming possession of premises housing the Pan Africa Hotel, monthly rent arrears from 27/07/1999, mesne profits, and costs. The High Court ruled in favor of the plaintiffs, awarding possession, rent, mesne profits, and costs. The defendants appealed, and the appeal has been pending for several years. The defendants applied for stay of execution pending appeal, initially refused by the High Court but later granted by the Court of Appeal on terms requiring payment of half the judgment debt. The defendants made partial payments but missed deadlines. The plaintiffs sought leave to execute the judgment, which was refused by the Court of Appeal. The plaintiffs appealed to the Supreme Court against this refusal.

BAFFOE-BONNIE, JSC: The facts in the current appeal are fairly simple. The applicants herein instituted an action at the High Court claiming; (a) Possession of the premises housing the Pan Africa Hotel ¢300,000 monthly rent from the 27/07/1999 up to date of service of the writ. (b) Mesne profits at the rate of ¢800,000 per month from the date of the service writ till delivery of possession to the plaintiff and (c) Costs. The trial High Court Judge found for the appellants in this action and among other things stated as follows; “It would therefore be unconscionable to allow the defendants to retain possession without paying economic rent for the premises in favour of the plaintiff and not grant the plaintiff vacant possession of the premises housing the Pan African Hotel. I shall also allow the plaintiffs claim for ¢800,000 as mesne profits from the 27th July 1999 to date. I shall accordingly enter judgment for the pl...