[2018]DLCA16204December 18, 2018Court of Appeal

NAAS ARTHUR BOATENG vs. MADAM ESTHER FREMAN BOATENG AND VICTOR BRIGHT ASARE

JUDGMENT DZAMEFE, JA The Plaintiff/Appellants hereinafter referred to as the plaintiff is a Ghanaian who operates a bar and restaurant services under the name and style of “Bar Naas” at Nhyiaeso Kumasi. The Defendant/Respondents also live in Kumasi and work at the True Vine Lodge/Hotel. The plaintiff said by a Landlord-Tenant Agreement the 1st defendant allowed her to take the subject premises for use as a commercial bar and restaurant effective 1st January 2007. The said premises include an open space and a store room (shop) and is located at plot 15A Block ‘F’. Nhyiaeso, Kumasi. The plaintiff averred further that she has fully paid the agreed rent advance of Gh¢8000 to the 1st defendant and has the option to renew on fresh terms should the tenancy expire. She said even though the agreement guaranteed her quiet possession and enjoyment of the premises, the 1st defendant and her assigns have repeatedly subjected her activities at the premises with “subtle as well ...