[1981]DLCA196 • July 20, 1981 • Court of Appeal
ADU AND OTHERS vs. CLEGG
The appellants were tenants of premises owned by the plaintiff-respondent, who was a retired government servant in need of accommodation. After repeated requests to vacate, the plaintiff served a written notice to quit dated 6 September 1977 and subsequently issued a writ of summons on 7 February 1978 for recovery of possession. The trial court granted possession to the plaintiff, prompting the appellants to appeal.
read moreJUDGMENT OF ABBAN J. Abban J. delivered the judgment of the court. The appeal is from the judgment of the Circuit Court, Accra. We may briefly state the facts of the case. The appellants (hereinafter may be referred to as the defendants) have been tenants in the premises known as House No. D.794/4, Granville Avenue, Okaishie, Accra, owned by the plaintiff-respondent. The plaintiff-respondent, who had retired from the Government Service was in need of accommodation and so he approached the defendants on several occasions asking them to find alternative accommodation and move out of the premises. The defendants having failed to comply with the plaintiff’s requests, the plaintiff served them with a written notice to quit. The notice was dated 6 September 1977 and on 7 February 1978 the plaintiff issued out his writ of summons for the recovery of possession. The learned trial judge in a considered judgment held that the plaintiff-respondent was entitled to his claim an.....