BOATENG v. DWINFUOR

The case concerns a purchaser of house No. ZR 75 at Bekwai who sought possession and ejectment of a sitting tenant operating the Zongo Hill Clinic. The vendor was Mr. George Kwasi Awuah of Essumangya. The plaintiff knew at purchase that the defendant occupied the premises as a tenant paying ¢14 monthly rent to Awuah. The Kumasi Circuit Court treated the defendant as a statutory tenant and granted possession under section 17(1)(g) of the Rent Act. On appeal, Anin J.A. held that the defendant’s contractual tenancy had not been terminated and therefore he was not a statutory tenant; the trial judge failed to consider the mandatory conditions under section 17(1)(g), including reasonable requirement and the greater hardship test. The court further held that the plaintiff had constructive notice of the defendant’s tenancy and that registration under the Land Registry Act did not confer priority over the earlier parol tenancy. The appeal was allowed, the plaintiff’s claims were dismissed, and declaratory relief was granted recognizing the defendant’s tenancy, with costs to the defendant.