[1962]DLHC1469October 5, 1962High Court

HAROUTUNIAN vs. MEDZ-MOROUKIAN

The plaintiff, a merchant operating businesses in England and Ghana, owned a furnished house in Farrar Avenue, Accra, allocated for his business staff. The defendant was employed as manager of the plaintiff's Ghana business and was provided accommodation in the said house as part of his contract. Upon termination of the defendant's employment on 30 April 1962, he ceased work but remained in occupation of the house without the plaintiff's consent. The plaintiff required the house for personal occupation and sought recovery of possession and mesne profits.

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JUDGMENT OF AKAINYAH J. This is an action brought by the plaintiff under section 11 subsection (1) (f) of the Rent Control Ordinance1(1) for recovery of possession of a furnished house and mesne profits from the month of May, 1962, to the date that possession is given up at £G100 a month. Briefly, the plaintiff’s case is that he is a merchant carrying on business in England and in Ghana. He owns a house in Farrar Avenue, Accra, the subject-matter of this action, which he has furnished and is specially allocated by him for the use of the staff of his business. The defendant was employed in England as manager of the plaintiff’s business in Ghana. One of the conditions of the defendant’s contract of service was that the plaintiff would provide accommodation for him. On arrival in this country, the defendant was made to occupy the said house in Farrar Avenue without being responsible for the payment of water and electricity consumed by him on the premises. On the 30th Apr...