[2019]DLHC8950 • November 22, 2019 • High Court
P.Y. ATTAH & SONS LTD. vs. KINSMAN ENTERPRISE LTD.
The Plaintiff, P.Y. Attah & Sons Ltd., was the sublessor of the Defendant, Kinsman Enterprise Ltd., under a sublease agreement commencing in November 1993. The Defendant allegedly refused to surrender possession of the leased premises upon expiry of the sublease on 30th August 2019, violated covenants including non-payment of rent, and challenged the Plaintiff's title as sublessor. The Plaintiff initiated legal action seeking possession and related reliefs.
read moreUntil 30th August, 2019, the Plaintiff/Respondent, hereafter referred to as Plaintiff, was the sublessor of the Defendant/Applicant, also referenced herein as Defendant, a relationship that commenced in November 1993 for various periods and was for the unexpired term of the Plaintiff’s lease, less a day. It is the case of the Plaintiff that contrary to the terms of the subleases, the Defendant has refused to surrender or yield up to the sub-lessor the demised premises and in addition had violated various covenants including the payment of rents and challenging the title of the Plaintiff, the sub-lessor. It is for these reasons that on 9th October, 2019, the Plaintiff caused to be issued out of the Registry of this court, a writ of summons and the accompanying statement of claim for the following reliefs: a. An order directed at the Defendant to surrender, vacate and yield up all the premises known as plot 78A and registered as No. 1067/1972 or all portions of it to the Plaintiff pu.....