DASI AKAKPO & ANOR.
V.
BEN JOHNSON & ANOR.

(1999) JELR 69558 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 80/98 ·  11 Nov 1999 ·  Ghana
CORAM
BROBBEY J.A. (PRESIDING), TWUMASI J.A., ARYEETEY J.A.
Core Terms Beta
pw1
respondent
plaintiff
trial judge
case
basis
1st appellant
2nd appellant
instant case
statutory tenants
court order
findings of the trial judge
months notice
first respondent
piece of land
rent act
second appellant
trial court
bare land
basic issue
circuit court
destruction of the respondents building
entire basis
entire case
evidence of the respondent
father of the 1st appellant
father of the first dependant
favour of the plaintiff
fundamental issue
further findings of the trial judge
ground of appeal
judgment of the trial court
learned judge
lease of any premises
licensees relief
material evidence
monetary value
position of the pw
p.w.1
similar definition
sitting tenant
statement of claim
statutory notice
such lease
support of the joinder
time of the grant
trial judgment
unlawful ejectment
wrong bases

BROBBEY, J.A.

At the start of this litigation, there was only one plaintiff who shall be referred to hereafter as the respondent or first respondent. She claimed in the Circuit Court that she was a sitting tenant on a piece of land at Kantamanto in Accra. She avered that the land was actually owned by the father of the 1st appellant. It was he who allowed his mother to live there. After several years’ stay there, she learnt that the 1st appellant had leased the land to the 2nd appellant in 1989. According to her, the second appellant demolished structures, she and her husband had erected on the land as well as some of the wares they saw there. She therefore issued a writ claiming (a) a declaration that the 1st appellant was wrong in ejecting him without a court order. (b) a declaration that 1st appellant could not by-pass him to lease the same plot given to them by his father.

(c) Damages for unlawful ejectment.

(d) ¢2.5 Million damages for destruction of the respondents building.

(e) Gen…

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