GYATO vs. PIPIM

JUDGMENT OF ROGER KORSAH J. The defendant-applicant-appellant, hereinafter referred to as the applicant, was a tenant to the respondent. On 9 August 1977, the respondent commenced an action for ejectment against the applicant under section 17 (1) (a) of the Rent Act, 1963 (Act 220), for non-payment of rent. The said section, in effect, forbids any court of competent jurisdiction from making an order for recovery of possession or ejectment against any tenant in accordance with the provisions of any other enactment for the time being in force except in circumstances provided under section 17; section 17 (1) (a) gives statutory authority to a landlord to apply for recovery of possession or ejectment, “where any rent lawfully due from the tenant has not been paid or tendered within one month after the date on which it became lawfully due.” The applicant admittedly was, at the time of the issue of the writ, eleven months in arrear with his rent, but had by 18 August 1977, tha...