[1978]DLCA1135 • July 27, 1978 • Court of Appeal
BOATENG vs. DWINFUOR
The plaintiff purchased house No. ZR 75, Bekwai, from Mr. George Kwasi Awuah for ¢1,660 intending personal occupation and sought possession and ejectment of the defendant, described as a statutory tenant. The defendant was living in the house as a tenant paying ¢14 monthly rent to the vendor and operating a clinic. The defendant claimed a verbal tenancy agreement from 1970 with the vendor, obliging him to repair the dilapidated house at his own expense in exchange for a monthly rent of ¢14 and an indefinite tenancy terminable at his option. The defendant had carried out repairs costing ¢1,474.20 and claimed a lien on future rents. The plaintiff had knowledge of the defendant's tenancy but did not investigate further. The trial court granted possession to the plaintiff, but the defendant appealed.
read moreJUDGMENT OF ANIN J.A. The plaintiff’s case was simple and straightforward. She claimed to have bought house No. ZR 75, Bekwai, from its owner, Mr. George Kwasi Awuah of Essumangya for the sum of ¢1,660 for her personal occupation; and that she was accordingly entitled to an order of possession and ejectment against the defendant whom she described in her specially endorsed writ of summons as a statutory tenant. There was no accompanying statement of claim: but in her evidence-in-chief she made the important revelation that “the defendant was living in the house as a tenant at the time I bought the house. The defendant, I know was paying ¢14 to Awuah as rent for his occupation of the house.” After purchasing the house, the plaintiff invited the defendant as sitting tenant to see her to discuss arrangements for his vacation of the premises; but he declined her invitation. She therefore had to resort to this action to recover possession, arrears of rent and mesne profits. ...