[1988]DLCA704 • April 14, 1988 • Court of Appeal
APPAH vs. BARNOR
The applicant, a tenant, sued the respondent landlady seeking an order restraining her from harassment and inducing a tenant to quit a store premises. The respondent counterclaimed for recovery of possession under section 17 of the Rent Act, 1963 (Act 220), claiming the store for her own use. The district magistrate initially ruled in favor of the applicant, finding no lease but a monthly tenancy. The High Court reversed this decision, granting possession to the respondent. The applicant appealed and sought a stay of execution of the High Court judgment pending appeal, which was refused by the High Court, leading to the present application.
read moreJUDGMENT OF WUAKU J.S.C. Wuaku J.S.C. delivered the judgment of the court. This is an application by the plaintiff-appellant-applicant (hereinafter referred to as the applicant) praying for a stay of execution of the judgment of the High Court, Accra pending the applicant’s appeal to this court. The applicant, a tenant to the respondent as his landlady, sued her for the following reliefs: “(a) The plaintiff ‘s claim against the defendant is for an order that the defendant should desist from harassing the plaintiff and inducing a tenant to quit from a store premises. (b) An injunction restraining the defendant, her agents or assigns and privies from further harassing the defendant.” The respondent landlady counterclaimed: “for recovery of possession under section 17 of the Rent Act, 1963 (Act 220) of that store situate in the house No. D 940/3 Derby Avenue, Accra, let by the defendant to the plaintiff on the ground that the defendant requires the said stor...