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REPUBLIC v THE RENT OFFICER AND ANOTHER; EX PARTE BOAKYE

(1987) JELR 82532 (CA)

Court of Appeal 7 May 1987 Ghana
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Case Details

Judges:ABBAN J.A, OSEI-HWERE J.A, WUAKU J.A.
Counsel:Osei Nti for the appellant. Kotey for the second respondent.
Other Citations:[1987-88] 2 GLR 428 - 434

JUDGEMENT

OSEI -HWERE J.A.

This appeal stems from the dismissal of the applicant's motion to the High Court to quash the decision and the assessment of the recoverable rent of the first respondent made on 2 August 1985. The grounds for the relief set down in the applicant's accompanying statement were as follows:

"1. By virtue of section 3 (2) of the Rent Act, 1963 (Act 220) the first respondent has no jurisdiction to decide the case.

2. By virtue of section 3 (2) of Act 220 the first respondent has no jurisdiction to make the assessment.

3. Since the assessment though signed by the first respondent was not done by him, it infringes Act 220 and is therefore null and void and of no effect.

4. Since Form 5 was not duly completed, the first respondent has no jurisdiction to decide and assess the rent."

The affidavits filed disclosed that the applicant rented the three-storeyed house of the second respondent at the monthly rent of ¢500. The said house is at the Industrial Area, Tema and contains…

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