RE LOKUMAL & SONS’ APPLICATION RE RENT CONTROL ORDINANCE, 1952 LOKUMAL & SONS’ APPLICATION, RE

The applicants, six Indian firms including Lokumal & Sons, were tenants of Sobhy Baksmaty, the landlord, occupying various premises in Accra. In 1952, Lokumal & Sons applied to the Rent Assessment Committee for rent assessment, which was done on 28 October 1952. The committee also assessed rents for other tenants on 21 December 1952. Sobhy Baksmaty applied for a case to be stated regarding these assessments, which was refused as frivolous. He accepted the rents until 1955 when he applied for variation, which was granted. Later, he requested a case to be stated on the new rents but abandoned the appeal upon discovering a procedural error. In 1958, Sobhy Baksmaty applied to a magistrate to compel the committee to state a case on the 1952 assessments, which was granted, leading to the setting aside of the 1952 assessments. The applicants challenged the magistrate's jurisdiction to make these orders.

JUDGMENT OF ADUMUA-BOSSMAN J.S.C. This appeal is against a decision of the High Court, Accra, (Charles, J.) which dismissed the application of the applicants (the appellants in this court) for an order of certiorari to bring up to be quashed certain proceedings and orders made therein by the senior district magistrate, Accra, in relation to rent assessment orders made by the Accra Rent Assessment Committee acting under the Rent Control Ordinance.1(1) The learned judge before proceeding to deal with the questions of law involved in the application prior to his decision dismissing the application, set out the facts on which the application was based, and it seems necessary as well as convenient to adopt his statement of the facts, as follows: The applicants are six Indian firms trading in Accra and they were tenants of Sobhy Baksmaty (hereinafter called the landlord) in respect of various premises owned by Sobhy Baksmaty. In 1952 there was an application by Lokumal & Sons (one of the I...