The Supreme Court has dismissed a review operation filed by Yaw Boakye, son of the late Edward Osei Boakye of Boakye Mattress fame, challenging a ruling taking him to pay outstanding rent amounting to$2.5 million to the Edward Osei Boakye Trust Fund, which was set up under the Will of the late business mogul.
On July 21, this time, the apex court gave the trustees of the Trust Fund the green light to take way to recoup$2.5 million from Yaw Boakye which was total overdue rent over a structure which he (Yaw Boakye) had failed to pay as part of concurrence judgment agreed between him and the trustees.
Piecemeal from collecting the overdue rent, the court also gave the trustees the authorization to take over an office space in the marketable structure, located between Opeibea House and Golden Tulip Hotel, Accra. This being another outstanding obligation of Yaw Boakye under the concurrence judgment.
Operation dismissed
Yaw Boakye challenged the decision of the Supreme Court through a review operation.
Still, in a amicable decision on Tuesday, November, a seven- member panel of the apex court, presided over by Justice Jones Dotse dismissed the operation.
The court didn't give reasons for its decision but said the ruling will be filed at the court registry by December 10, 2021.
Other members of the panel were Judges Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Avril Lovelace Johnson, Clemence Jackson Honyenuga and Issifu Omoro Tanko Amadu.
Background
Edward Osei Boakye failed in 2006 and at the time of his death the structure was uncompleted.
The first court case in relation to the structure was filed on October 17, 2008, by the trustees challenging the validity of a letter purportedly written by the delegates of the estate of the late businessman, allegedly allowing Yaw Boakye to complete and take over the structure.
The trustees lost at the High Court, but won at the Court of Appeal in 2011 after the alternate-loftiest court of the land held that per the will and testament of the departed, the structure was supposed to be given to Edward Osei Boakye Trust Fund, which is managed by the trustees.
The Court of Appeal, thus, ordered Yaw Boakye to cease all construction works on the property, and also vacate it.
Aggrieved by the decision of the Court of Appeal, Yaw Boakye filed an appeal at the Supreme Court but while the appeal was pending, the parties decided to settle the matter grounded on terms of agreement, which was espoused by the Supreme Court as concurrence judgement in the case involving the parties.
Terms of agreement
Under the terms of agreement, the Trustees agreed to lease the property to Yaw Boakye for a period of 15 times, from May 1, 2015 to April 30, 2030 for a yearly rent of$, outstanding in cedis annually.
The terms of agreement also included a commitment by Yaw Boakye to allocate one office space on the ground bottom of the structure upon completion of workshop.
Court documents showed that Yaw Boakye paid the first time rent of$ after which he reneged on his scores.
Legal conduct
This urged the trustees to file a fresh suit in the High Court seeking recovery of the property, the overdue rent, as well as damages for breach of contract.
In 2019, the High Court issued an interim order of preservation and examination, which led to the court ordering the tenants in the structure not to pay rent to Yaw Boakye, but rather into an interest- bearing account until the final determination of the suit.
Yaw Boakye challenged the decision and initiated a plethora of operations from the High Court to the Supreme Court, which were all dismissed.
Source: Graphic.com.gh
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