CONSTRUCTION WAREHOUSE (GH) LTD vs. GHANA INSTITUTE OF PUBLIC ADMINISTRATION, ACHIMOTA

In 2013, Construction Warehouse (GH) Ltd (Appellant) leased Akosa Plaza, Accra, to Ghana Institute of Public Administration (Respondent) for two years at a monthly rent of US$19,079.50, renewable at the respondent's option. The tenancy commenced on 1 August 2013 and was to end July 2015. The tenancy agreement required a 6-month notice for non-renewal and delivery of the premises in tenantable condition. The respondent gave only 3 months' notice and delayed handing over the premises in tenantable condition, with repairs outstanding. The appellant claimed recovery of possession, payment of utility bills, ejectment, mesne profits, damages for breach of contract, and costs. The respondent contended it had vacated by August 2015 and attempted to hand over keys, which the appellant initially refused to accept. The appellant rented out parts of the premises to mitigate losses.

The plaintiff/appellant in the instant appeal caused a writ of summons to be issued in the registry of the lower court, the High Court, Accra [General Jurisdiction] on 16/06/2016 against the defendant/respondent herein for the following judicial reliefs: a) An order for recovery of possession of House No. B871/3, Asafoa- tse Nettey Road, Accra, and also known as Akosa Plaza, from the defendant in a good tenantable condition. b) An order directed at the defendant to pay the water and electricity bills consumed by the defendant to date of handing over the pre- mises to plaintiff. c) An order of ejectment. d) An order for the payment of mesne profits from the month of September 2015 to date of judgment. e) Damages for breach of contract. f) Costs including cost of Counsel. On record, the parties filed their respective processes and the claim hotly contested by the defendant/respondent. At the close of the trial, the lower court entered judgment in part for the pla...