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DHALOMAL
V.
PUPLAMPU AND OTHERS

(1985) JELR 65822 (CA)

Court of Appeal 15 Jul 1985 Ghana
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- The Court of Appeal (majority) held that a sub-tenancy created by a monthly tenant without the landlord's written consent, as required by section 22(1) of the Rent Act, 1963 (Act 220), is unlawful and confers no protection on the sub-tena

Case Details

Judges:APALOO CJ, EDWARD WIREDU JA,OSEI-HWERE JA
Counsel:KWAKYE FOR THE APPELLANT; E V A ADJETEY FOR THE RESPONDENT.
Other Citations:[1984-86] 1 GLR 341-366, JELR 85973 (CA)

OSEI-HWERE JA.: The late Lawyer Ate Puplampu held four rooms on the first floor of house No 513/4, Derby Avenue, Accra as tenant of the plaintiff (hereinafter referred to as the appellant) which he used for his law practice. The rooms were let out in 1969 on what appears to be an oral monthly tenancy. The rooms were described as Nos 2, 3, 4 and 5.

On the death of Lawyer Puplampu on 14 May 1979, the appellant requested the head of his family to wind up his affairs and hand over the possession of the four rooms to him as he believed the tenancy had come to an end with his death. He discovered that the clerk to the late Lawyer Puplampu, the third and the fourth defendants had occupied rooms 2, 3 and 4 and the second defendant had occupied room 5. By 4 September 1980 (some fourteen months after the lawyer’s death) the appellant had not recovered possession of the rooms and so he caused his solicitor to write to the head of family (exhibit A). Exhibit A complained about the change of user o…

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