NATIONAL INVESTMENT BANK V. ALHAJI SUMANI ZAKARI

JUDGMENT

IRENE C. DANQUAH (MS), J.A.

This appeal is by National Investment Bank who will be referred to as “Appellants” against the judgment dated 16^th June, 2006 by the High Court, Tamale, in a consolidated suit.

In the said judgment, the trial court held that:

1) Alhaji Sumani Zakaria (respondent herein) was in breach of the covenant for quiet enjoyment and therefore awarded to the Appellant ¢10,000,000.00 damages against the Respondent; and

2) The Appellant was in breach for non payment of rent for the year 2001 and awarded ¢4,000,000.00 as rent per month for that year together with interest at the prevailing bank rate against it.

The undisputed facts in the case were that the appellant had been a tenant of the respondent for over twenty years by occupying part of the respondent’s property known as No. 8 Daboya Road, Tamale.

On 29^th June, 2005, the appellant issued a Writ of Summons at the High Court, Tamale in Suit No. E 2/15/05 against the respondent for an order for injunction to restr…