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ALBERT K. GYIMAH V. OPHELIA ASARE

(2020) JELR 91985 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/275/2018  •  16 Jan 2020  •  Ghana

Coram
TORKORNOO J.S.C. (PRESIDING) , OFOE, J.A. , GAISIE J.A.

Appearances
RAY APPIAH AMPONSAH FOR PLAINTIFF/APPELLANT GASPER AMPONSAH FOR RESPONDENT

Judgement

JUDGEMENT

AMMA A. GAISIE J.A:

This appeal is against the ruling of the High Court, Accra dated 9th March 2018 dismissing the objection raised by counsel for the Plaintiff/Appellant.  

By a Writ of Summons and Statement of Claim filed on 25th January, 2018 the Plaintiff/Appellant claimed the following reliefs against the Defendant:

“(i) Declaration that the Notice of Lease Expiration dated 21st June 2017 served on the Plaintiff by Defendant is contrary to paragraph 5(i) of the Lease Agreement dated 1st January 2008 and invalid and so same should be set aside.

(ii) Declaration that having negotiated with Plaintiff for renewal of the lease agreement including terms of payment of penalty of GHâ‚¡10,000.00 for unexplained reason indicates that Defendant does not require the premises for herself.

(iii) Declaration that Defendant has no authority to demand payment of penalty whatsoever by Plaintiff under the Rent Act.

(iv) Perpetual injunction to restrain the Defendant either by herself, workers, age…

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