<p class="mb-5" id="contentDlCitation" hidden>[1988]DLHC2315</p> <div class="restriction-wrapper"> <div class="container-lg"> <div class="row"> <div class="col-md-12 restricted-content"> <div class="restricted-content-img-wrapper"> <div class="lock-icon bounce-7"> <img class="" src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png" alt="Subscription based content"> </div> </div> <a href="https://www.dennislawgh.com/login" class="btn btn-primary btn-lg" style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> Login to Read Full Case </a> </div> </div> </div> </div> <main id="main" class="content" style="min-height: 60rem" ><span style="font-size: 18px !important;"><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center; mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow:yes"><b><span style="font-size:12.0pt;line-height:115%;font-family:"Book Antiqua","serif"; mso-fareast-font-family:Times;mso-bidi-font-family:Times;color:#00B0F0">SAKA<o:p></o:p></span></b></p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center; mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow:yes"><b><span style="font-size:12.0pt;line-height:115%;font-family:"Book Antiqua","serif"; mso-fareast-font-family:Times;mso-bidi-font-family:Times;color:#00B0F0">V.<o:p></o:p></span></b></p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center; mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow:yes"><b><span style="font-size:12.0pt;line-height:115%;font-family:"Book Antiqua","serif"; mso-fareast-font-family:Times;mso-bidi-font-family:Times;color:#00B0F0">LOKUMAL<o:p></o:p></span></b></p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center; mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow:yes"><b><span style="font-size: 10pt; line-height: 115%; font-family: "Book Antiqua", serif;">[HIGH COURT, ACCRA]<o:p></o:p></span></b></p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center; mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow:yes"><b><span style="font-size: 10pt; line-height: 115%; font-family: "Book Antiqua", serif;">[1991] 1 GLR 312<o:p></o:p></span></b></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt; padding:0in 0in 1.0pt 0in"> <p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right; mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt; padding:0in;mso-padding-alt:0in 0in 1.0pt 0in"><span style="font-size: 10pt; line-height: 115%; font-family: "Book Antiqua", serif;">Date: 31 MARCH 1988</span><b><u><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;"><o:p></o:p></span></u></b></p> </div><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><b><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">COUNSEL:<o:p></o:p></span></b></p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">E D KOM (WITH HIM MRS CUDJOE) FOR THE PLAINTIFF.<o:p></o:p></span></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt; padding:0in 0in 1.0pt 0in"> <p class="MsoNormal" style="margin-bottom:5.0pt;mso-pagination:none;border:none; mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">T KWAKYE FOR THE DEFENDANT.<b><u> <o:p></o:p></u></b></span></p> </div><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><b><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">CORAM: <o:p></o:p></span></b></p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt; padding:0in 0in 1.0pt 0in"> <p class="MsoNormal" style="margin-bottom:5.0pt;mso-pagination:none;border:none; mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">LUTTERODT J<b><u><o:p></o:p></u></b></span></p> </div><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center; mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow:yes"><b><u><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">JUDGMENT OF LUTTERODT J.<o:p></o:p></span></u></b></p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">The plaintiff who rented his premises to the defendant, now brings an action to repossess same on the ground that it would be occupied by his daughter who lives abroad and is due to return to the country with her two children and husband.<o:p></o:p></span></p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">In view of the contention in paragraph 4 of the defendant’s defence that the plaintiff does not need the premises for the occupation of his daughter and her husband and children, I would first like to determine whether the plaintiff was able to establish that he does indeed need the premises for that purpose. I think the evidence of the plaintiff does support a finding of this fact in his favour. The evidence was given by the plaintiff himself. There is no doubt that he has a daughter who is a qualified barrister practising in London. His unchallenged testimony shows he has taken the bar examinations in Ghana and so is qualified to practise in this country. This must be a sure sign of her desire not to be stuck over in Britain but to practise also in her own country. Again, the plaintiff’s unchallenged testimony shows she has on several occasions requested and encouraged her to return to this country. Though under normal circumstances one would have expected correspondence between the father and his daughter on this issue the reason why there is no documentary request for the house from the plaintiff’s daughter has been satisfactorily explained. The plaintiff, being a businessman (and it does appear from the list of his personal properties that he is a wealthy man) makes periodic visits to Britain, about every two or three months. He maintains that that is when they hold these discussions. It is clear the defendant never led any evidence to dispute any of these facts. The reason given by the defendant, namely that it is not the duty of a wife to provide accommodation for a husband is not only neither supported by any rule of law but is certainly not the modern trend, especially if the conditions exist for the woman to provide one.<o:p></o:p></span></p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">Now, from the defendant’s evidence, one could see he has made a great attempt to show that: (1) there is an existing case pending between him and the plaintiff wherein the latter has sued to recover possession of the premises, and (2) he has also tried to show the number of times the plaintiff has increased or attempted to increase the rent on the property. I think the aim is to show that he could not genuinely now be needing the property for his daughter as in the past his conduct has been that of a greedy landlord who merely wanted to eject his tenant when he realised he could not obtain any increased rent any longer. But I would not think that the mere fact that the landlord in the past had demanded and increased rent on his property does mean that at a future date he could not sue to recover his premises. Indeed, as the defendant himself who is a businessman rightly confessed, it would be most unbusinesslike for a landlord to keep to the old rent and never ask for higher rents if conditions so demand. Again, since the defendant has not been able to show that the cause of action in exhibit 3 is the same as the present one, indeed since in any case they never pleaded nor proved estoppel, it would be wrong to hold that the plaintiff is estopped, and further that this action is not brought in good faith.<o:p></o:p></span></p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">Before I come to this conclusion, I would wish to point out that the notice served on the defendant by the plaintiff before this action was commenced was tendered by the defendant. It is exhibit 4 and does give as the reason for requiring of the premises the fact that the premises were needed for a “son” not a daughter. Had the duplicate copy tendered by the plaintiff as exhibit A said the same thing, I would have found it difficult to come to the plaintiff’s aid; but the evidence does show that there was a typing error which was rectified by the sender, counsel for the plaintiff. Sadly, the plaintiff was never questioned about exhibit 4; nor was the discrepancy pointed out to him to enable him offer an explanation or lead evidence or do both to explain how come the original is different from the duplicate. I can only surmise that there was a mistake which probably was expected to be put right but never was before the notice was sent out. May I stress that in the absence of the defendant asking the plaintiff to explain the discrepancy, it would be unfair to hold that this is also an indication that the action is not brought in good faith; that is to say, while he in his notice had given as the reason for wanting the premises as that he required it for occupation by a son, in his pleadings and his evidence the story has changed. I find from the evidence that the plaintiff has proved that he requires the premises for his daughter.<o:p></o:p></span></p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination: none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow: yes"><span style="font-size: 12pt; line-height: 115%; font-family: "Book Antiqua", serif;">The next thing the law requires the court to do is to find out who would suffer the greater hardship if the order were granted. The defendant never led any evidence showing what hardship he himself and his family would suffer. He merely gave a list of other properties the plaintiff owns. He never showed that any of these were vacant and that the daughter could be settled in any of them. In her case, and with her background, she certainly cannot live with her brothers in the house the plaintiff has given them. The plaintiff has shown that his daughter and her family are waiting for accommodation before coming down. It follows that if the plaintiff does not recover the premises, he would miss this opportunity of having his daughter and family down. The plaintiff has again shown that this particular house was built for his daughter and is positioned in such a way that she would live in peace and quiet with her family in this house, and at the same time enjoy the love and fellowship of her brothers living nearby. In my view, the plain</main>
