[2023]DLCA16023 • February 23, 2023 • Court of Appeal
JOE OWUSU ANSAH vs. FRANK OBENG APHRAM & 2 OTHERS
MENSAH-HOMIAH, JA: INTRODUCTION: This appeal emanated from a Ruling of the High Court, Kumasi, dated 6th November, 2019. By the said ruling, the learned trial judge refused to grant a motion filed by the Defendants/Applicants/Appellants herein pursuant to section 17(1) (h) of the Rent Act, 1963 (Act 220). Before delving into the core issues raised by the sole ground of appeal, this court will touch on the procedural propriety of this motion filed during the pendency of a substantive suit to which Defendant/Applicants/Appellants have filed a Counterclaim. For ease of convenience, the Plaintiff/Respondent/Respondent and Defendants/Applicants/Appellants, will be simply referred to as Plaintiff and Defendants, respectively. BACKGROUND FACTS: This is a pure landlord/tenant relationship case commenced by the Plaintiff who described himself as a tenant of premises known as H/No. 232, Adum- Kumasi. The facts pertinent to this appeal as gleaned from the Pleadings filed by t...