[1985]DLCA905 • July 15, 1985 • Court of Appeal
DHALOMAL vs. PUPLAMPU AND OTHERS
The appellant, landlord of four rooms at 513/4 Derby Avenue, Accra, leased them orally on a monthly basis in 1969 to the late Lawyer Ate Puplampu, who used them for his law practice. Upon Puplampu's death in May 1979, the appellant sought to recover possession of the rooms, discovering that the respondents, including the second defendant, had occupied the rooms. The appellant claimed the tenancy ended with Puplampu's death and sought possession and damages for trespass. The second defendant claimed to be a lawful subtenant, paying rent to Puplampu with the appellant's knowledge and consent.
read moreJUDGMENT OF OSEI-HWERE JA. The late Lawyer Ate Puplampu held four rooms on the first floor of house No 513/4, Derby Avenue, Accra as tenant of the plaintiff (hereinafter referred to as the appellant) which he used for his law practice. The rooms were let out in 1969 on what appears to be an oral monthly tenancy. The rooms were described as Nos 2, 3, 4 and 5. On the death of Lawyer Puplampu on 14 May 1979, the appellant requested the head of his family to wind up his affairs and hand over the possession of the four rooms to him as he believed the tenancy had come to an end with his death. He discovered that the clerk to the late Lawyer Puplampu, the third and the fourth defendants had occupied rooms 2, 3 and 4 and the second defendant had occupied room 5. By 4 September 1980 (some fourteen months after the lawyer’s death) the appellant had not recovered possession of the rooms and so he caused his solicitor to write to the head of family (exhibit A). Exhibit A complained ab.....