[2016]DLHC11959 • April 8, 2016 • High Court
BEATRICE BOATENG vs. AMANDA AMA ADJEI
The Plaintiff, owner of two shops at Abeka Lapaz, claimed the Defendant was a trespasser and sought possession of the shops. The Defendant claimed tenancy rights, asserting she paid a goodwill sum and rent, and counterclaimed for refund of the goodwill. The dispute arose from a complex relationship involving the Plaintiff, Defendant, and a third party, PW1 (George Owusu Buabeng), who was initially the tenant and allegedly Defendant's husband. The Plaintiff contended the tenancy was with PW1, not Defendant, while Defendant claimed she was the tenant and had paid goodwill and rent. The tenancy agreement and payments were contested, with issues of forgery and legality of goodwill payments raised.
read moreJUDGMENT The Plaintiff issued this writ against the Defendant on the 12th June 2014 claiming the following reliefs:- a. A declaration that the Defendant is a trespasser/squatter. b. An order to the Defendant to yield up vacant possession to the Plaintiff. c. Costs. d. Any order(s) that this Honourable Court may deem fit. Defendant entered appearance and filed a Statement of Defence and counterclaim for the following reliefs:- a. The sum of twenty-one thousand Ghana Cedis (GH¢21,000.00) being the sum paid by Defendant to Plaintiff as goodwill for the two stores. b. Interest at the commercial bank lending rate from March 31 2008 till the date of final payment. At the close of pleadings issues were set down for trial and parties were ordered to file their Witness Statements with all the documents they intended to rely on including Witness Statements for their witnesses. ISSUES FOR TRIAL 1. Whether or not there is a valid lease agreement between the Plaintiff and the Defendan....