[2017]DLCA5018 • March 2, 2017 • Court of Appeal
REBECCA OKAIKOR NORTEY & 2 OTHERS vs. JULIANA OKOH & 2 OTHERS
The plaintiffs, owners and lessors of a property at Osu, leased originally in 1958, alleged that the defendants, administrators of the estate of a prior lessee, breached the lease covenant by failing to pay rent and not renewing consent for subletting to Standard Chartered Bank. The plaintiffs reentered the property without fulfilling statutory conditions, prompting the defendants to seek an interim injunction to restrain interference with possession.
read moreDORDZIE JA:- By a writ of summons issued on the 19th of November 2010 the plaintiff commenced this action against the defendants for the following reliefs: a) Termination of lease between the plaintiffs and defendants for breach of covenant and for nonpayment of rent. b) An order that the existing tenant becomes the tenant of the plaintiffs c) Any further orders that the court may deem fit Pursuant to leave granted to the plaintiffs, they filed an amended writ and statement of claim on the 2/12/2013.The defendants filed their statement of defence on the 31/3/2013. The plaintiff’s amended writ and statement of claim were struck out as incompetent on the 5/3/2014. On 10/6/2014 the defendants, by a motion, applied for interim injunction order; the ruling on that application is the subject matter of this appeal. On the 11/6/2014 the plaintiffs filed a notice of change of solicitor and on the same day filed a motion for leave to amend the writ and statement of claim. The record b.....