ANANE
V.
ASANTEWAA

(1978) JELR 65666 (HC)    
High Court  ·  19 Jan 1978 ·  Ghana
 · 
Other Citations
[1979] GLR 519
CORAM
OWUSU-ADDO J.
Core Terms Beta
room
order
landlord
premises
evidence
personal occupation
regulation
appeal
form
higher rent
rent regulations
statutory requirement
counsel
defence
dwelling house
occupation
rent act
secretary receiver
trial court
trial magistrate
aforementioned regulation
answer
appropriate rent officer
favour of the plaintiff
first ground of appeal
house no.
husband yaw donkor
judgment of the kumasi district court grade
large extent
member of his family
monthly rent
only serious ground
owusu-addo j.
personal use
plaintiff ought
possession of a room
purposes of section
question of non-compliance
real question
respondent’s sole reason
reverse order
second ground of appeal
sole reason
third ground
third ground of appeal
trial magistrate of jurisdiction
whole time employment
whole trial
witness yaw amankwaah

OWUSU-ADDO J.: This is an appeal by the defendant from the judgment of the Kumasi district court grade II dated 28 March 1978, entering judgment in favour of the plaintiff and ordering the defendant to give up possession of a room occupied by him in house No. 13, Block 17, Kwadaso.

The first ground of appeal argued was that before the commencement of her suit in the trial court, the plaintiff ought to have made a declaration in compliance with regulation 18 of the Rent Regulations, 1964 (L.I. 369), since her claim was brought under section 17 (1) (g) of the Rent Act, 1963 (Act 220). Counsel for the appellant submitted that non-compliance with the aforementioned regulation divested the trial magistrate of jurisdiction to try the case. A fortiori the whole trial resulting in the judgment appealed against is a complete nullity. On the second ground of appeal, counsel urged that the plaintiff failed to discharge the burden of proof that she reasonably required the room for personal use and…

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