OCANSEY
V.
TEIKO

(1973) JELR 69592 (HC)    
High Court  ·  14 Dec 1973 ·  Ghana
 · 
Other Citations
[1973] 1 GLR 203
CORAM
SARKODEE J.
Core Terms Beta
defendant
court
learned magistrate
common law procedure act
costs
fact
premises
rent
april
case
judgment
landlord
law
lessee
order
receipt
tenant
whole amount
amount
arrears of rent
attention
counsel
court’s attention
day
defendant relief
defendant shows
demised premises
effect of this order
equity
e.r. rep.
exhibits
grounds
judgment of the learned magistrate
last ground
magistrate
magistrate’s order
march
non-payment of rent
opinion
possession of the premises
provision of section
proviso
re-entry
registrar of the court
sarkodee j.
second ground
section
security
set aside
substantial breach of the tenancy agreement

SARKODEE J.: Judgment was entered for the plaintiff in this case for the sum claimed being arrears of rent. The learned magistrate went further and ordered the defendant to vacate the premises on or about 30 April 1972 even though counsel for the defendant drew his attention to the fact that the rent had been paid. The registrar of the court also directed the court’s attention to this fact stating that the whole amount (i.e. ¢44.00) claimed on the writ had been paid into court. The learned magistrate paid no heed to this and recorded that:

“However it is the court’s considered opinion that a substantial breach of the tenancy agreement was committed by the defendant and both exhibits A and B support that finding, quite apart from the fact that the amount claimed has been deposited in court.”

The defendant being aggrieved and dissatisfied with the judgment of the learned magistrate appealed to this court. The defendant set out four grounds; all of them, except the last ground, centred aro…

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