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AZAR
V.
SAAD

(1957) JELR 86751 (CA)

Court of Appeal 11 Feb 1957 Ghana
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Case Details

Judges:Coussey P., Korsah C.J., Verity Ag.J.A
Counsel:E. O. Asafu-Adjaye and Bentsi-Enchill for the plaintiff. Akufo-Addo for the defendant.
Other Citations:1957 2 WALR 242-244

JUDGMENT

VERITY Ag.J .A. This is an appeal from an order for recovery of possession made under section 11 (1) (d) of the Rent Control Ordinance, 1952. The premises in respect of which the order was made were in use by the statutory tenant partly for human habitation and partly as business premises and did not. Therefore fall within the definition of a dwelling-house contained in section 3 of the Ordinance.

Section 11 (1) in as far as it relates to the present issue provides that:

“ no order against a tenant for the recovery of possession of .. Any premises shall be made. ..except in the following cases:-

" (d) when the premises are reasonably required by the landlord. ..for personal occupation as a dwelling-house by himself, any member of his family or any person in his whole time employment."

The learned judge was satisfied that the premises were reasonably required by the landlord for personal occupation as a dwelling-house by members of his family and being also satisfied as required by…

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