SALLOUM vs. LEDLUM [1987]DLHC1210

Date	1987-02-16
Suit No.
Citation No.	[1987]DLHC1210

AGYEPONG J.

NYANOR FOR THE APPELLANT.

OKUDZETO FOR THE RESPONDENT.

[1987]DLHC1210
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													<main id="main" class="content" style="min-height: 60rem" >SALLOUM <o:p></o:p>vs. <o:p></o:p>LEDLUM<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;[1979] GLR 246<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
16 FEBRUARY 1978<o:p></o:p>

</div>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">

NYANOR FOR THE APPELLANT.<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">

AGYEPONG J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AGYEPONG J.<o:p></o:p>This is
an appeal from the judgment of the District Court Grade I D., Accra,
constituted by his worship Mr. S. A. Afful. The district court dismissed the
claim of the appellant for ¢701.20 arrears of rent and an order of ejectment
for failure to pay rent.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant is the landlord of house No. C. 10/2 Adabraka, Accra, and the
respondent is the appellant’s tenant occupying the appellant’s shop. In
September 1974 both the landlord and the tenant agreed to submit to the rent
officer the assessment of rent of that shop. On 18 September 1974, the rent
officer fixed the rent at ¢139.40 and served his assessment on both the
landlord and the tenant. Before then, the tenant had written exhibit A to the
rent officer authorising the rent officer to carry on the assessment in her
absence, and informing the rent officer that she would accept the assessment of
the rent officer. In spite of exhibit A the tenant refused to accept the
assessment of the rent officer and used various modes of blackmail to get the
landlord not to enforce the recoverable rent of ¢139.40 assessed by the rent
officer.<o:p></o:p><o:p>&nbsp;</o:p>The
tenant admitted writing exhibit A but contended that the assessed rent of
¢139.40 was unreasonable and she refused to pay it. She admitted making
advances to the Regional Office, Accra, which also referred the matter to the
Attorney-General’s Department. The Attorney- General’s Department surprisingly
also played a role in the intimidation of the landlord. Mr. Nyanor learned
counsel for the landlord, filed five original grounds of appeal, but abandoned
ground three. At the beginning of the hearing of the appeal, I asked Mr.
Okudzeto, learned counsel for the respondent, if he could refer me to any
enactment which conferred on the army and the Attorney-General’s Department
jurisdiction in assessment of recoverable rent. Mr. Okudzeto honourably
conceded that he knew of none.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
landlord’s first ground of appeal was that the learned district magistrate
erred in law by holding that the landlord be penalised for the failure of the rent
officer to reply in time to a letter written by the office of the
Attorney-General. This letter exhibit G challenged the assessment of the rent
officer. In view of the concession of Mr. Okudzeto that the Attorney-General’s
Department had no jurisdiction in the assessment of recoverable rent, I think
this ground of appeal must be sustained.<o:p></o:p><o:p>&nbsp;</o:p>The
second ground of appeal was that the learned magistrate erred in law in
allowing himself to be influenced by the meddling of the Attorney-General’s
Department and the Regional Office in the assessment of recoverable rent when
the proper course of action open to the tenant, if she was dissatisfied with
the recoverable rent assessed by the rent officer, was to appeal against the
assessment to the rent magistrate in his appellate capacity under the Rent Act,
1963, (Act 220), s. 12. 1 think this ground of appeal is a valid one and there
is no answer to it. Section 12 of Act 220 provides that persons who are
dissatisfied with the assessment of a rent officer may appeal to the rent
magistrate against such assessment within seven days. The Rent Regulation, 1964
(L.T. 369), regs. 14, 15 and 16 prescribe the procedure for an appeal under
section 12 of Act 220. The Act does not provide that such an aggrieved person
may appeal to the Regional Office or the office of the Attorney-General and
regulations 14, 15 and 16 of L.I. 369 do not mention the Regional Office or the
officer of the Attorney-General.<o:p></o:p><o:p>&nbsp;</o:p>