[1974]DLCA2332 • April 8, 1974 • Court of Appeal
SERAPHIM vs. PACIFIC STORES AND OTHERS
The plaintiff, landlord of business premises at No. 822/4 Knutsford Avenue, Accra, sought possession of the premises occupied by the defendants, tenants trading in separate stores. The plaintiff intended to demolish and redevelop the building due to its weak and dangerous condition, having obtained planning authority approval for the redevelopment scheme. The defendants refused to vacate, alleging the plaintiff's intention was not genuine and that redevelopment could be carried out without their eviction, and that reinstatement after works would be impossible.
read moreLassey J.A. delivered the judgment of the court. On 19 November 1973, this court allowed an appeal in this case after hearing the submissions of counsel for the parties, and reversed the decision of the trial court given in favour of the defendants, dismissing the plaintiff’s action for recovery of possession, and the order for costs. In its place, there was substituted a judgment for the plaintiff to recover possession of the demised premises together with an order that the plaintiff was entitled to his costs in the court below as well as those of the appeal assessed at ¢116.80. As the court was differing from the learned trial judge, it proposed that it would give reasons for allowing the appeal later. The appeal which was from the decision of a circuit court, Accra, raises the question whether the plaintiff as landlord is entitled to be given possession of certain demised premises in accordance with the requirements of the Rent Act, 1963 (Act 220). The plaintiff ‘s action to...