Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CHAS-OCLOO
V.
KYEI

(1989) JELR 69815 (HC)    
High Court  ·  28 Apr 1989 ·  Ghana
 · 
Other Citations
[1989-90] 1 GLR 447
CORAM
BROBBEY J.

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
rent
recoverable rent
arrears of rent
court
evidence
law
store
own business
instant case
judgment
monthly rent
rent act
store no.
trial magistrate
case
commercial premises
court of appeal
district court
first place
much rent
order
brobbey j.
business premises
claim of the store
court order
critical look
defendant-appellant
defendant’s store
district court grade
district magistrate
first defendant witness
important point
legal authorities
lower court
non-payment of rent
orders of the trial magistrate
paterson zochonis
plaintiff-respondent claimed recovery of a store
plaintiff’s own solicitor
production of some documentary evidence
record of proceedings
second basis of his claim
second basis of the plaintiff
second fallacious finding of the trial magistrate
stamped receipt
such cases
trial court
various rents

BROBBEY J.

By his writ, the plaintiff-respondent claimed recovery of a store and arrears of rent from the defendant-appellant. The plaintiff based his claim on non-payment of rent and recovery of possession for his own business. Judgment was eventually entered for the plaintiff by the District Court Grade I, La which ordered the defendant to quit the store and to pay up what the court considered to be the arrears of rent. It is against that judgment that the defendant appealed to this court.

A critical look at the record of proceedings in the trial court discloses that the plaintiff led no evidence on the second basis of his claim, i.e. claim of the store for his own business. It is in evidence that there were two stores which were originally rented to the defendant. One of the stores described as store No. 2 had been surrendered to the plaintiff and yet there was no evidence as to whether or not he had even started any business in that one, let alone to indicate whether or not that st…

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