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THE REPUBLIC
V.
DISTRICT COURT ‘2’ PREMPEH ASSEMBLY HALL EX PARTE D.O. BOATENG

(2025) JELR 114520 (HC)

High Court 11 Feb 2025 Ghana
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- The applicant, who had completed and occupied the interested party’s property under an agreement to deduct construction costs from rent-advance, remained in occupation since 2011 without paying rent after a rent magistrate’s 2014 order al

Case Details

Suit Number:ASH/ADK/HC/E10/04/25
Judges:HIS LORDSHIP JUSTICE DR. POKU ADUSEI
Counsel:DEBORAH SERWAH BONSU ESQ, SAMUEL ANKRAH-OTOO ESQ. FOR THE APPLICANT PATRICK ADU-AMPONSAH ESQ. FOR THE INTERESTED PARTY
Location:Kumasi

RULING

Dr. Poku Adusei, J.A.

Before this court is an application for prerogative writs of certiorari and prohibition by the plaintiff/respondent / applicant [hereinafter referred to as the applicant]. The applicant herein was the respondent in the proceedings which commenced at the rent control department on 19/9/2011 in which the interested party requested the rent officer to investigate and determine the chargeable rent vis-à-vis the cost of completing a two-bedroom house/hall on a piece of land at Kotei Twumduase, near KNUST, Kumasi.

The antecedent facts were that the interested party started the construction of a foundation of a house with her husband, whose death stalled the project. The applicant herein approached the interested party that he should be allowed to complete the said house for his own occupation, subject to the payment of rent. The understanding was that any cost/expenses incurred by the applicant in completing the premises were to be used as rent-advance from which h…

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