The Supreme Court docket has unanimously dismissed an application searching for to remain the execution of an purchase for inspection and preservation of rent purchased by the Higher Court in favour of Edward Osei Boakye Have faith in Fund against FBN Bank and three other individuals.
The Significant Court presided around by Justice Eric Kyei Baffour in July past calendar year granted the application for inspection and preservation of rent.
This was submitted by the Edward Osei Boakye Have faith in Fund, Most Rev. Dr Robert Aboagye Mensah, Most Reverend Dr Joseph Osei Bonsu and Rt. Rev Daniel Yinkah Sarfo from Yaw Boakye, FBN Bank Ghana limited, West One Ghana restricted and Air Côte d’Ivoire.
The court subsequently ordered the Registrar of the Significant Court docket to “enter and inspect Residence Quantities 6 and 7, independence Avenue, Airport, Accra for the functions of the adhering to:
1. To identify all the tenants in the stated house.
2. To inspect tenancy paperwork and receipt publications upon which the tenants have been positioned in occupation”.
The Decide even more ordered that foreseeable future hire because of the 1st defendant/Respondent (Yaw Boakye) should not be paid to him by the 3rd Defendant (FBN Bank Ghana Minimal) and 4th Defendant (Air Côte d’Ivoire).
He dominated that they should really relatively be paid into court docket, and very same put into an fascination-bearing account, until the last resolve of the suit, or right until such time as the courtroom might direct.
The 1st Defendant, Yaw Boakye, then used to the Court of Attraction for remain of execution and this software was dismissed in December 2019.
The a few member panel presided in excess of by Justice B.A. Ayensu mentioned that:
“We have examined all the procedures submitted by the Functions in this software significantly the ruling of the Superior Court docket. We do not see how the 1st Appellant/Applicant’s enchantment will be unreparably prejudiced if the instructions contained in the ruling are carried out pending the resolve of the enchantment.
“On the contrary, we are of the see that a refusal of the application will enrich an equal balance in the competing desire of the events pending the resolve of their substantive rights in the attraction.”
The appeals court docket then awarded a price tag of ¢3000 from the applicant.
The case was then escalated to the Supreme Court which also dismissed the software, therefore necessitating rent from the Financial institution and all other tenants paid out into court pending the result of an action trying to get to evict at all the tenants due to non-payment of hire by Yaw Boakye – himself a tenant of Edward Osei Boakye Believe in Fund.
The Justices of the Supreme Court docket: Marful Sau (Presiding), Dordzie, Amegatcher, Kotey and Owusu in their ruling mentioned that,
“We are of the opinion that the software submitted on behalf of the 1st Defendant/Applicant is incompetent and same is therefore dismissed”.
The apex court also awarded value of ¢5000 to be offered to the Edward Osei Boakye Rely on Fund and the 3 Reverend Ministers.
Checks at the court docket point out that FBN Lender and the other tenants are nonetheless to comply with the courts directive on payment of rent to the court docket owing to the a number of applications submitted by Yaw Boakye.
The final application is ahead of the Court docket of Enchantment for hearing on June 24, 2020, and when that is dealt with by the Court, all tenants will have no choice but to spend accrued and foreseeable future lease into court docket rather of creating these payments to Yaw Boakye.