COMFORT AMOONAQUAYE (SUING AS CUSTOMARY SUCCESSOR) V. WILLIAM QUAYSON & THEOPHILUS QUAYSON

JUDGMENT

TUTU, J.

On 14th May 2009, the Plaintiff caused her solicitor to institute this action against  the first Defendant. The second Defendant was later joined to the suit, but he  passed away on 17th June 2014. He was not substituted. The reason being that the  original Defendant claimed to have been appointed the customary successor and  opted to defend the suit alone. Per the amended Statement of Claim filed on 2nd June 2010, the Plaintiff endorsed the following reliefs on her writ of summons: 

a. Declaration that the Defendants are in breach of the covenants in the  leasehold agreement to use the demised land for workshop premises only.

b. A further declaration that the Defendants occupation and use of the  demised land after December 1996 is wrongful. 

c. Recovery of possession. 

d. Mesne profits for the Defendants occupation and use of the premises at the  monthly rate of GH₵300.00 from January 1997 up to date Defendants give  up possession. 

The issues set down for trial are: 

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