DORIS MENSAH v. SETH ASIAMAH

CLAIM:

The plaintiff claims the following reliefs from the defendant:

a) An order of the Court prevailing upon the defendant to vacate and hand over possession of her metal container located opposite the Asamankese Police Station which he rented for five (5) years, and which rent expired on 5th February, 2023.

b) Costs

SUMMARY OF PLAINTIFF’S EVIDENCE:

It is her case that she rented out her metal container to the defendant for a

period of 5 years, which rent expired on the 5th day of February, 2023. That the

defendant who was expected to yield vacant possession of the container to her

for her business, rather subletted the container to a police man without her

consent. Hence this action, praying for the reliefs endorsed on her writ of

summons. The plaintiff did not call any witness, but tendered in evidence an

agreement form exhibit ‘A’.

SUMMARY OF DEFENDANT’S EVIDENCE:

The plaintiff intimated to the Court that she could not serve the defendant

personally and therefore orally applied for substituted service which the Court

granted.

The case was adjourned to the 15th day of May, 2023. Proof of the Substituted

Service was filed by the bailiff on 17th day of April, 2023.

The plaintiff could still not procure the attendance of the defendant upon the

expiry of the substituted service and therefore the Court, in accordance with 25

r 1(2)(a) of C.I 59, 2009 as amended allowed the plaintiff testify as it appeared

to the Court that the defendant had left the jurisdiction.

In her evidence, the plaintiff asserted that the defendant subletted the container

to one police officer by name Bismark. Therefore, the Court , realizing that the

interest of the said Bismark was likely to be affected by the outcome of this

matter ordered the plaintiff to join him to the suit which she did.

The interested person/police man Osei Bismark Gyamfi filed an affidavit in

opposition indicating that he was no longer in the container, thus rendering the

joinder moot.

The Court therefore ruled and non-joined him.

ISSUE FOR DETERMINATION:

From all the evidence before me therefore, the only issue for determination is

whether or not the plaintiff rented out her metal container to the defendant

which rent had expired.

A study of exhibit ‘A’ shows that she rented out the container to the defendant

on 5th February, 2018 for 5 years. Five years from 2018 is 5th February, 2023. It

is therefore clear that the rent period between the plaintiff and defendant has

exp