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.

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

(e) Gen…

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

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