GBEDEMAH vs. OFORI

The plaintiff, undisputed owner of house No. 1, Second Dade Walk, North Labone, Accra, purchased the house for personal occupation. After leaving the country, he placed the house under the care of Godfried Obeng Boateng. The defendant and his wife, friends of the plaintiff's wife, requested to rent the house due to accommodation needs. The defendant paid a year's rent in advance and carried out repairs at his own cost. Upon the plaintiff's return, he requested the defendant to move to another property so he could occupy the rented house, but the defendant refused, citing substantial repairs made and declined to advance funds for the plaintiff's construction project. The dispute escalated and was unsuccessfully referred to the National Defence Committee (N.D.C.). The plaintiff then sued for recovery of possession and mesne profits, claiming the lease had expired and he required the premises for personal use. The Circuit Court ruled in favor of the plaintiff, ordering possession recovery but no mesne profits, as the plaintiff was not interested in arrears. The defendant appealed.

The plaintiff in this case is the undisputed owner of house No 1, Second Dade Walk, North Labone, Accra. This was a house which he had bought in order to live in with his family. It consisted of a main block and an out-house. The house needed some repairs. The evidence shows that some time after the purchase of the house the plaintiff left the country and placed the house under the caretakership of one Godfried Obeng Boateng. The defendant and his wife were said to be very good friends of the plaintiff’s wife; the defendant’s wife was the schoolmate of the plaintiff’s wife. The defendant who was in dire need of accommodation for himself and his family approached Mr Boateng through the plaintiff’s wife to plead for the renting of the house. The request was acceded to and after some repairs on the premises, the defendant and his family moved in at a monthly rent of ¢1,000 considering the fact that the defendant had to effect the repairs at his own cost. A year’s rent was paid...