MARINA MARKET GHANA LTD vs. STANBIC BANK GHANA LTD. [2020]DLHC16481

Date	2020-10-28
Suit No.	SUIT NO. AC/247/11
Citation No.	[2020]DLHC16481

HIS LORDSHIP K. A. GYIMAH

ISAAC EMIL OSEI-BONSU WITH MANUEL SAWYER FOR PLAINTIFF.

NANIA OWUSU ANKOMAH FOR ACE ANAN ANKOMAH FOR DEFENDANT.

[2020]DLHC16481
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													<main id="main" class="content" style="min-height: 60rem" >MARINA MARKET GHANA LTD.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>STANBIC BANK GHANA LTD. <o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO. AC/247/11&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE:
28TH&nbsp;OCTOBER 2020<o:p></o:p>

</div>COUNSEL<o:p></o:p>ISAAC
EMIL OSEI-BONSU WITH MANUEL SAWYER FOR PLAINTIFF.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

JUDGMENT<o:p></o:p>

</div>&nbsp;Introductory
Remarks<o:p></o:p>&nbsp;The genesis of this suit is a five year
lease agreement between the plaintiff and the defendant covering parts of the
building known as Marina Mall situate at Airport City, Accra. The lease was to
have ran from 1st July 2011 to 30th June 2016 but it
unfortunately did not see the light of day. The lease was tendered into
evidence by the plaintiff as exhibit A. <o:p></o:p>&nbsp;I must state at the outset that the
said lease governed the relationship between the parties before me and all the
issues that arose between the parties can be resolved by resorting to
provisions of the lease. Counsel for the plaintiff was always quick to bring to
the attention of the defendant’s witnesses, and for that matter the court, that
the relationship between the parties was governed by exhibit A. In delivering
this judgment therefore, I will, as much as possible, stay true to the
intention of the parties as evinced in their agreement, exhibit A. <o:p></o:p>&nbsp;The original writ in this suit was issued
on 30th June 2011, a day before the agreement was to have taken
effect, albeit after the defendant had terminated the agreement on 20th
May 2011. Both parties amended their pleadings a number of times. The most
recent amended statement of claim was filed by the plaintiff on 26th
April 2016.<o:p></o:p>&nbsp;Trial in this suit commenced on 20th
May 2014 before my senior brother Ofori-Atta J., continued briefly before
Suurbaareh JA (sitting as an additional High Court judge) and continued and
finally ended before me on 19th February 2020. There were only three
witnesses who testified during the trial, one for the plaintiff and two for the
defendant, but the volume of evidence adduced during trial is quite
voluminous.&nbsp; This is largely due to the
nature of the witnesses who testified during the trial. It must be stated that
all the witnesses in this case were quite smart. Though this can be a strength
sometimes, it also served as a weakness. During cross-examination of each
witness by counsel for the opposing party, the witnesses tried to second guess
questions that were likely to come from the cross-examiner and this made them
evasive sometimes therefore unduly prolonging the trial. <o:p></o:p>&nbsp;The apparent smartness of the witnesses
was also equally matched by very effective cross-examination by counsel for
both parties who I must commend for the skill they exhibited and the depth they
went to during cross-examination. The addresses submitted by counsel for both
parties were also very well researched and well written. The downside is that
counsel for the defendant did not submit the defendant’s address on time
thereby putting undue pressure on the court. Be that as it may, I must state
that counsel gave their clients value for their legal fees. Unfortunately
however, in litigation unlike mediation, one party will come out as a victor
over the other party. <o:p></o:p>&nbsp;Plaintiff’s
case<o:p></o:p>&nbsp;I</main>