[1980]DLHC1607June 26, 1980High Court

MENSAH vs. ADDISON

The plaintiff, landlord, sued the defendant, tenant, at the District Court Grade 1B, Sekondi, claiming that the defendant's wife caused nuisance by cooking on the verandah and drying cassava upstairs, keeping the premises untidy. The plaintiff sought ejectment to avoid future trouble. The defendant did not deny the nuisance but complained about the poor state of repair of the premises and refused to cook in the kitchen until it was renovated. The relationship between the parties was strained.

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JUDGMENT OF ANSAH-TWUM J. The plaintiff-respondent (hereafter referred to as the plaintiff) sued the defendant-appellant (hereafter referred to as the defendant) at the District Court Grade 1B, Sekondi, claiming: “That the defendant is a tenant on the plaintiff’s premises and [that] he is in a habit of causing ‘nuisance.’ She claims further that the defendant has refused to cook in the kitchen and has been cooking on the verandah, and thereby keeping the premises untidy. The plaintiff claims that the defendant owns a house at Effiakuma into which he could move. She therefore seeks an order for ejectment against the defendant. She wants the defendant ejected so as to avoid likely trouble in the future.” The plaintiff complained in her evidence-in-chief that the defendant’s wife had been frying garri and drying cassava upstairs. This made her write letters, exhibits A and B to the defendant. In these letters, she complained against cooking by the defendant’s wife on th...