OWUSU vs. ASANTE

This is an appeal against the decision of the District Court Grade II, Kumasi, whereby that court granted an order for possession of a rented room to the landlord. The claim of the landlord was for the possession of one room only which was reasonably required for the occupation of the landlord’s nephew. The defence denied any relationship of the nephew with the landlord and in the alternative asserted that there was alternative accommodation for that relative. The trial court rejected the defence and found for the landlord making an order that the tenant “quits forthwith.” The main ground of appeal by the tenant against that decision was that the judgment was against the weight of evidence. The one submission of counsel for the tenant to which I may first address myself was that the relationship of the person for whom the premises were required, being that of a nephew, was not within a member of the landlord’s family under the Rent Act, 1963 (Act 220). Section 17 (1) (g)...