RE LOKUMAL & SONS’ APPLICATION RE RENT CONTROL ORDINANCE, 1952 LOKUMAL & SONS’ APPLICATION, RE [1962]DLSC1697

RE LOKUMAL & SONS’ APPLICATION RE RENT CONTROL ORDINANCE, 1952 LOKUMAL & SONS’ A... [1962]DLSC1697

Date	1962-07-13
Suit No.
Citation No.	[1962]DLSC1697

KORSAH JSC

C.J. JSC

VAN LARE JSC

ADUMUA-BOSSMAN J.S.C.

E. AKUFO-ADDO (WITH HIM E. N. P. SOWAH) FOR THE APPLICANTS.

H. V. A. FRANKLIN FOR THE RESPONDENTS.

[1962]DLSC1697
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">RE LOKUMAL &amp; SONS’ APPLICATION RE RENT CONTROL<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">ORDINANCE, 1952 LOKUMAL &amp; SONS’ APPLICATION, RE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1962] 2 GLR 53<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 13TH JULY, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

E.
AKUFO-ADDO (WITH HIM E. N. P. SOWAH) FOR THE APPLICANTS.<o:p></o:p>

H.
V. A. FRANKLIN FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

KORSAH, C.J., VAN LARE AND
ADUMUA-BOSSMAN, JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
ADUMUA-BOSSMAN J.S.C.<o:p></o:p>This appeal is against a decision of the High Court, Accra,
(Charles, J.) which dismissed the application of the applicants (the appellants
in this court) for an order of certiorari to bring up to be quashed certain
proceedings and orders made therein by the senior district magistrate, Accra,
in relation to rent assessment orders made by the Accra Rent Assessment
Committee acting under the Rent Control Ordinance.1(1) The learned judge before
proceeding to deal with the questions of law involved in the application prior
to his decision dismissing the application, set out the facts on which the
application was based, and it seems necessary as well as convenient to adopt
his statement of the facts, as follows:<o:p></o:p>The applicants are six Indian firms trading in Accra and they were
tenants of Sobhy Baksmaty (hereinafter called the landlord) in respect of
various premises owned by Sobhy Baksmaty. In 1952 there was an application by
Lokumal &amp; Sons (one of the Indian firms) to the Rent Assessment Committee
(hereinafter referred to as the committee) for an assessment of the rent of
premises occupied by them and on the 28th October, 1952, the committee after
hearing both parties assessed the rent accordingly. The committee on its own
motion and after giving notice to the five other tenants assessed the rent in
respect of their respective premises on the 21st December, 1952. On the 23rd
December, 1952, Sobhy Baksmaty applied to the committee for a case to be stated
in respect of both assessments for the consideration of the magistrate pursuant
to section 8 of the Rent Control Ordinance, 1952 (hereinafter referred to as
the Ordinance). The application was considered by the committee and refused on
the 9th February, 1953, on the ground that it was frivolous. Sobhy Baksmaty did
not then apply to the magistrate under section 8 (6) of the Ordinance for the
committee to show cause why it should not state a case but instead accepted the
assessed rents until 1955, when he applied to the committee to vary the rents
and the committee after hearing the parties varied the rents on the 5th July,
1955.<o:p></o:p><o:p>&nbsp;</o:p>Sobhy Baksmaty then requested the committee to state a case in
respect of the new rents fixed and the committee did so. However Sobhy Baksmaty
abandoned his appeal when it was discovered by him that his counsel, Mr.
Obetsebi-Lamptey, had requested the committee to state a case in respect of the
rents assessed in 1952. In September, 1958, Sobhy Baksmaty applied by way of
motion to a magistrate under section 8 of the Ordinance for an order upon the
committee to state a case in respect of the assessment made in 1952, and this
application was opposed by the Rent Control Officer on the ground that the
application was out of time. At the hearing of the motion the Rent Control
Officer stated that the assessment was made on the 25th November, 1952, and
that the application to state a case was not made until 23rd December, 1952, so
the application was out of time as it contravened the provisions of section 8
(1) of the Ordinance.<o:p></o:p><o:p>&nbsp;</o:p>However the magistrate granted the application by Sobhy Baksmaty
and made the orders dated the 24th September, 1958, and 22nd October, 1958,
directing the committee to state a case in respect of the two assessments of
the premises in 1952. On the 24th January, 1959 and the 31st January, 1959, the
two orders of the committee assessing the rents in 1952, were set aside.”<o:p></o:p><o:p>&nbsp;</o:p>After setting out the facts as above he proceeded to direct his
attention to the main question of law involved in the application and observed
that, “The sole ground canvassed by the applicants for making the order
absolute is that the magistrate had no jurisdiction to make the orders.”
Thereafter he proceeded to address himself to the respective contentions of
counsel for the parties and set the same out as hereunder:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Mr. Akufo-Addo contends (1) that the orders of assessment of 1952
which were varied in 1955 merged in the new order of 1955; (2) that Sobhy Baksmaty,
having failed to exercise his right to ask for a case to be stated in respect
of the assessments made in 1952 and having elected to apply for the rents to be
varied, was estopped from asking for a case to be stated in respect of the
assessments in 1952; (3) that there was no determination or order in respect of
the assessments in 1952 </main>