OPPONG vs. FRY-NARTEY [1983]DLHC955

Date	1983-04-02
Suit No.
Citation No.	[1983]DLHC955

ANSAH-TWUM J.

EBO DAWSON FOR THE APPELLANT.

R. E. GAISIE FOR THE RESPONDENT

[1983]DLHC955
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

OPPONG <o:p></o:p>

{HIGH COURT, SEKONDI} <o:p></o:p>

[1984-86] 1 GLR 256<o:p></o:p>

DATE:
4 FEBRUARY 1983<o:p></o:p>

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

EBO
DAWSON FOR THE APPELLANT. <o:p></o:p>

R.
E. GAISIE FOR THE RESPONDENT<o:p></o:p>

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

ANSAH-TWUM J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANSAH-TWUM J.<o:p></o:p>This
matter was originated by a complaint to the rent officer of the
Sekondi-Takoradi City Area by the plaintiff-respondent (hereinafter referred to
as the landlord) as against the defendant-appellant (hereinafter referred to as
the tenant). The complaint lodged reads as follows:<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.
Oppong who is the proprietor of Pakos Lodge rented the first floor of my
storey-building for his bandsmen. The bandsmen of late became a nuisance to the
inmates of the house and those around us. Each time they returned from dance
fully intoxicated with alcohol and Indian hemp smoking, they turned the whole
area upside down. Some engaged themselves in fighting over girls they brought
along with them, whilst others went to the extent of throwing bottles and other
missiles. There was an occasion when one of the bandsmen pulled out a knife to
stab another bandsman and had it not been for the timely intervention of a
passer-by who was attracted by the unusual noise to the scene it would have
been fatal. As I would not like myself to be called upon as a witness in any
future brawl I am taking this precaution by ejecting the bandsmen and then turn
the entire house into a family house to house my eleven children and two
nephews who have now been transferred to Takoradi.”<o:p></o:p><o:p>&nbsp;</o:p>Upon this
complaint, both the landlord and the tenant appeared before the Senior Rent
Officer, J. K. Annor, on 22 October 1980. The landlord gave evidence on oath in
support of his complaint, among other things, as follows:<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">“I am the
owner of house No 53/3, Takoradi. The tenant rents a portion of this house for occupation
by his bandsmen. In recent times his men have been creating a lot of nuisance
in the house. For example, they have been quarrelling among themselves on
account of women thereby breaking some glass louvres. They sometimes fight with
missiles such as bottles and knives, not mentioning the fact that they keep the
place very dirty; they do not know who is to sweep. In view of these reasons, I
served him with six months’ notice to remove his men. The notice has expired
but he has not made any effort to do so. In the circumstances, I have brought
this case and humbly pray that the tenant’s men are ejected from the premises
forthwith.”<o:p></o:p><o:p>&nbsp;</o:p>The
tenant, who appeared not to be challenging any part of the landlord’s complaint
as outlined supra, stated: “I have no objection to the complainant’s request
for recovery of possession.” He only talked about his problem in securing
accommodation for eight men and asked for two years to search for a new place
for them. The rent officer then stated:<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">“Since
the tenant has no objection to the complainant’s request for recovery of
possession, I advise him to remove his bandsmen from the complainant’s premises
on 31 October 1981. In default the case will be referred to the rent magistrate
for an order of ejectment.”<o:p></o:p><o:p>&nbsp;</o:p>It is quite
clear from the landlord’s evidence before the rent officer that he was asking
for immediate ejectment of the tenant’s bandsmen. This he failed to get because
the rent officer rather advised the tenant to vacate within a period of one
year. Not being satisfied with that advice, the landlord appealed to the Rent
Magistrate, District Court Grade I, Sekondi who after hearing both parties,
ruled in favour of the landlord and ordered the tenant’s bandsmen to vacate the
premises by 22 April 1981. The rent magistrate made this order on 12 March
1981. It is against this order that the appeal before this court has been
lodged.<o:p></o:p>