NIMAKO
V.
ARCHIBOLD

(1966) JELR 65281 (SC)

Supreme Court 27 Jun 1966 Ghana
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- The Supreme Court reinstated the Circuit Court’s order for possession in favour of the landlord, holding that a landlord is not required to provide alternative accommodation to the tenant to succeed under section 11(1)(d) of the Rent Cont

Case Details

Judges:MILLS-ODOI JSC,BRUCE-LYLE JSC,SIRIBOE J.S.C.
Counsel:AGADZI FOR THE APPELLANT; ANNAN FOR THE RESPONDENT.
Other Citations:[1966] GLR 612

SIRIBOE J.S.C.: This appeal is from the decision of Hayfron-Benjamin J. delivered on 11 January 1965, in an appeal brought before him from the Circuit Court, Accra.

The plaintiff as landlord of house No. 337, South Labadi Road Estate, claimed recovery of possession of the said house on the ground that he reasonably required it for the occupation of himself and his children. The house consists of two bedrooms, a sitting or living-room and a dining-room; all of which at the time of hearing, the defendant alone occupied, paying a monthly rent of £G3. This rent, as admitted by the defendant, is cheap considering the premises in question and the housing problem in Accra. That however, was not the ground for asking for possession, because, as further admitted by the defendant, the plaintiff had never at any time during the tenancy, suggested an increase of the rent to him. On the contrary, the evidence shows that some time between July and August 1962, the plaintiff notified the defendant t…

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