Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

DASI AKAKPO _ ANOR. v. BEN JOHNSON _ ANOR.

1999

COURT OF APPEAL

GHANA

CORAM

  • BROBBEY, J.A. (PRESIDING)
  • TWUMASI, J.A.
  • ARYEETEY, J.A

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Tort Law
  • Evidence Law

AI Generated Summary

This Ghana Court of Appeal decision, per Brobbey J.A. (presiding), arose from a Circuit Court judgment that treated a dispute over Kantamanto land as governed by the Rent Act and declared the occupants statutory tenants. The appellate court held that section 1(2)(b) of the Rent Act excludes leases of bare land, and the pleadings admitted the grant was of vacant land. On the facts, the respondent and PW1 were licensees, not tenants; the three‑month notice they received was reasonable, so ejectment required no court order and damages could not be awarded for a lawful act. The trial judge also erred by joining PW1 as co‑plaintiff without written consent under Order 15 r.5(3). The appellants’ counter‑claim succeeded: a perpetual injunction issued, and the second appellant received ¢100,000 nominal damages for obstruction. The appeal was allowed, with respondents given three months to quit.