AGYEKUM vs. ALAWIYE

JUDGMENT OF AMUA-SEKYI J.A. The defendant, Mohammed Alawiye, is the owner of certain premises on Knutsford Avenue, Accra. The plaintiff, Samuel Agyekum, keeps a shop in those premises. Being desirous of recovering possession of the shop for the purposes of his own business, the defendant instructed solicitors to cause a writ of summons to be issued on his behalf. An application for the writ was duly made to the District Court, Grade I, Accra Central in terms which, as this court found in other proceedings between the parties, disclosed no cause of action. It was however accompanied by an affidavit deposed to by the defendant setting out the grounds for the action and asking that it be put on the undefended list. This request, again as found by this court, was an error since by the rules of procedure applicable to actions in district courts only a claim to recover a debt or liquidated money demand may be put on that list. The request was, however, complied with and the plaintiff havi...