[1980]DLHC1036 • February 7, 1980 • High Court
ASAMOAH vs. ZWENESS
The landlord, plaintiff-respondent, sought possession of house No. 3, Ketan Estate, Sekondi, from the tenant, appellant, after serving six months' notice to quit which expired on 30 April 1979. The landlord intended to remodel the premises for occupation by his niece, a seamstress entering into business. The tenant refused to vacate, prompting the landlord to apply for recovery of possession. The Rent Magistrate granted possession to the landlord based solely on an affidavit without further investigation or evidence.
read moreJUDGMENT OF SARKODEE J. This is an appeal against the order of the Rent Magistrate, Sekondi, for the recovery of possession of house No. 3, Ketan Estate, Sekondi, from the appellant; the plaintiff-respondent (hereinafter referred to as the landlord) having given the defendant-appellant (hereinafter referred to as the tenant) six months’ notice to quit, which had expired on 30 April 1979. The tenant failed to give up possession. The ground upon which the landlord demanded vacant possessions is contained in an affidavit which accompanied the application for a writ of summons which is as follows: “I, Wilhelmina Zweness of Sekondi make oath and say as follows: (1) That I am the deponent herein. (2) That I swear to this affidavit on behalf of the plaintiff whose authority I have to do so. (3) That the plaintiff brings this action on behalf of himself and the Efaina family of Elmina on whose behalf the plaintiff acts. (4) That the plaintiff is desirous of remodelling th...