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SOFT SHON CARSON V. WILLIAM FUGAR

(2014) JELR 69613 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/85/2013  •  10 Apr 2014  •  Ghana

Coram
ABBAN (MRS.) J.A. (PRESIDING), KUSI-APPIAH J.A., KWAKU GYAN J.A.

Judgement

KUSI-APPIAH, J.A.

This is an appeal against the judgment of the High Court, (Fast Track Division), Accra, dated 31st May, 2012 in which judgment was entered in favour of the Plaintiff/Respondent against the Defendant/Appellant. I will refer to the parties in the manner they appeared at the Court below.

By his amended writ of summons, the plaintiff claimed against the defendant for:-

“Recovery of the outstanding rent payment as follows:

a. Full payment of rent for the 3rd year of the term beginning 1st April, 2010 to 31st of March, 2011 being thirty-nine thousand, six hundred United States Dollars (USD$39,600.00) or its cedi equivalent at the prevailing interbank selling rates for the United States Dollar.

b. Damages for breach of contract.

c. Interest on the said amount from 1st of April, 2010 until date of final payment.”

The brief facts of this case are as follows:-

The plaintiff is the owner of a three bedroom unfurnished apartment flat, No. 9 in the complex known as Hansen Court situated…

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