MASSOUD & ANOR.
V.
KHALIL & ORS.

(1959) JELR 65749 (CA)    
Court of Appeal  ·  25 Jun 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 278
[1959] GLR 278 - 280
CORAM
GRANVILLE SHARP J.A,ACOLATSE J. ,SMITH J.
Core Terms Beta
statutory tenant
opinion
appeal
date
defendant
months’ notice
notice
plaintiffs
rent control ordinance
tenant
valid notice
acolatse j.
argument
careful consideration of the question
case
construction
counsel
determination
effect
effect of section
ejectment
fact
facts
granville sharp j.a.
history of the case
landlord
learned trial-judge
lease
letter
lordship
mr. akufo-addo
order
plaintiff’s intention
premises
recovery of possession
section
section of the ordinance
smith
tenancy
tenant of his intention
true interpretation of section

ACOLATSE J.: (His lordship stated the facts and history of the case, and proceeded:-)

Counsel for 2nd defendant submitted before us that no valid notice as required by section 11(1)(e) of the Rent Control Ordinance was given to that defendant by the plaintiffs, for on the date on which the plaintiffs purported to have given the notice the defendant was not a statutory tenant.

In our opinion, the learned trial-Judge has given a true interpretation of section 11(1)(e). After a careful consideration of the question raised by Mr. Akufo-Addo as to the construction and effect of section 11(1)(e) of the Rent Control Ordinance, we are of opinion that the notice contained in the letter (Exhibit “A”) was a valid notice to a tenant on his becoming a statutory tenant, taking effect as from the date he held over his tenancy on its determination.

It is clear from the section of the Ordinance that it can only be interpreted as meaning what it says, and that is where the lease has expired, and the tenan…

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