[2013]DLSC6148 • February 24, 2013 • Supreme Court •
ALHAJI MOHAMMED MORU & ANOR. vs. MOHAMMED HUSEINI
The Plaintiff, Alhaji Mohammed Moru, leased a parcel of land at Sowutuom for 99 years from the Sempe family through a deed of conveyance dated March 23, 1990. The Plaintiff entered into an oral tenancy agreement with the Defendant in 1999 for the Defendant to operate a temporary fuel filling station on the land. The Defendant paid the first year's rent but subsequently refused to pay rent for 2000 and 2001. The Defendant claimed ownership of the land through a separate lease granted by the Abola Piem Tunma We Family in 1997. The Plaintiff sued for ejectment, recovery of possession, rent arrears, and interest. The Defendant denied tenancy and counterclaimed for declaration of title, recovery of possession, damages, and injunction.
read moreBAFFOE-BONNIE, JSC The Defendant/Appellant/Appellant is appealing against the decision of the Court of Appeal dated April 14, 2011 which upheld the decision of the Circuit Court dated March 17, 2008. The facts of the case before the trial court were as follows; The Plaintiff/Respondent/Respondent, hereinafter referred to as the Respondent, suing per his lawful attorney, caused a writ of summons and statement of claim to issue against the Defendant/Appellant/Appellant, hereinafter referred to as the Appellant for: a. An order for the immediate ejectment of the Appellant, then the Defendant from the piece of land particularly described in paragraph 3 of the statement of claim by reason of: i. Non-payment of rent; and ii. Fraudulent breach of the agreement between Plaintiff and Defendant. b. An order for recovery of possession of the said land. c. 3.4 million being rent due and owing for the period January to December 2000 and January to December, 2001. d. Interest at the p...