[2012]DLCA6531 • March 8, 2012 • Court of Appeal
MRS. MARGARET TAGOE vs. CAPTAN CINEMA CO. LTD AND NOUR CAPTAN
The Plaintiff, Mrs. Margaret Tagoe, as administratrix and beneficiary of the estate of Edward Quaye deceased, sued the Defendants for ejectment from the 'Olympia' Cinema premises for nonpayment of rent and breach of lease covenants, and claimed compensation for breach of covenant. The Defendants counterclaimed for relief against reentry and forfeiture under section 301 of the Conveyancing Decree, 1973 (NRCD 175). The trial court dismissed the Plaintiff's claim and entered judgment for the Defendants on their counterclaim.
read moreAPALOO JA The Plaintiff/Appellant to be referred to as Plaintiff, as Administratrix and beneficiary of the Estate of Edward Quaye (deceased) by her writ of summons claimed against the Defendants the following reliefs; “1. Order for ejectment from the premises known as the “Olympia” Cinema situate and located at La in the Greater Accra Region bounded on all sides by the Accra-La Motor road measuring two hundred and forty-five feet (245’), Access road measuring ninety five feet (95’), by earth drain and Adzobi Fofo’s land measuring two hundred and seventy feet (270’) and Nii Addokwei Kofi land measuring two hundred and eighty feet (280’) for nonpayment of rent and for breach of covenant of the lease. 2. 100,000,000.00 (One Hundred Million) now, 10,000.00 Ghana Cedis compensation for breach of covenant of the lease document AC. 3223/56 and 2541/1956. 3. Any order or orders as the Court may consider necessary to give effect to the terms”. Upon filing a defence, ...