ABDUL FATTAH ALAWA v. REBECCA AZAGLO & ANOR

INTRODUCTION/BACKGROUND:

Per a Writ of Summons and an amended Statement of Claim filed on 6th January, 2023 the

plaintiff claimed against the defendant as follows;

a. An amount of GH₵50,000.00 for disconnecting of electricity to his room.

b. Cost.

CASE OF THE PLAINTIFFS

The plaintiff stated that he is a tenant in the house of the 2nd defendant Kwame Azaglo.

The plaintiff stated that the 1st defendant is the daughter of the 2nd defendant and that

there are two meters in his rented house, one used by the Land Lord and the other by the

tenants.

The plaintiff stated that the meter for the tenants is controlled by the 1st defendant who

keeps the bills and shares same when necessary.

The plaintiff stated that during the lock down as a result of the Covid 19 pandemic, a bill

was generated for the house by the Electricity Company in the absence of the tenants

because they had both left for Kumasi and Keta respectively.

The plaintiff stated that whiles away he received a call from the 1st defendant who

informed him that the bill amount brought for the period of March to July 2020 was

GH₵450.00 and that the light to the house has been disconnected as a result so he is to

pay an amount of GH₵150.00.

The plaintiff stated he subsequently agreed with the 1st defendant to pay an amount of

GH₵100.00 instead of the initial GH₵150.00 because he is not always around and

consumes less electricity.

The plaintiff stated that he paid GH₵70.00 instantly to the 1st defendant and later sent her

the balance of GH₵30.00 through Mobile Money and few days later the 1st defendant

called to inform him that the line to their house had been reconnected.

The plaintiff stated that he travelled and upon his return from Kumasi on the 28th of

March, 2021 noticed there was no light in his room which caused him to sleep in the

darkness until the following day but when he confronted the 1st defendant about the

development she demanded that he pays the outstanding GH₵50.00 before his room

could be granted access to power.

The plaintiff stated that he demanded from the 1st defendant to produce all bills for the

period to verify her claim but she failed but when one of the tenants Margaret brought

out the bills, they realized that the entire bill for March to July, 2021 was GH₵388.00 and

not GH₵450.00 as the defendant earlier stated so there were no outstanding arrears owed

to the Electricity Company of Ghana.

The plaintiff stated that the 1st defendant refused to h