ELSIE SARFOWAH v. ROBERT FORSON

CLAIM:

a) Recovery of cash, the sum of Gh¢6,360.00 being rent for eight different rooms which the defendant rented out for one year without authorization.

b) An order for perpetual injunction restraining the defendant from holding himself as Land lord of H/No: 126, Asikafoamantem – Asamankese.

c) An order upon the defendant to remove persons he rented out the from space of the said house to and which space they have used to erect containers.

d) Costs.

SUMMARY OF PLAINTIFF’S EVIDENCE

It is her case that the house which is the subject of this dispute was built by late her

grandmother Ama Nyame and that after her demise she was succeeded by Kate

Asante, also deceased, who also succeeded the disputed house.

That after the death of Kate Asante, she was made the customary successor and

succeeded the house as well. That during the successorship of Kate Asante, she

(plaintiff) was made the caretaker of the house because Kate Asante was domiciled

in the U.K.

That she together with her mother Kate Asante rented out rooms in the house to

tenants but evicted them in 2007 for renovation work to be carried out on the house.

That in 2020, Kate |Asante came to Asamankese and realized that the septic tank in

the house was full as it was then that she met the defendant who recommended

somebody to her to empty the tank.

That in May, 2022, Kate Asante died and she was appointed her successor. That

she came to Asamankese and realized that the rooms to the house which was still

under renovation had been rented out to tenants who told her that it was the

defendant who rented out the rooms to them. That she informed her mother

Theresa Yankson and PW3 herein who asked the defendant where the rent was and

he said it was at the bank.

That at the time she saw that the defendant had rented out the rooms to tenants, she

called her mother Kate Asante who was then alive to enquire whether or not she

authorized the defendant to rent out rooms in the house to tenants, but she denied

doing so.

That in addition to renting out rooms in the house to tenants without authorization

and consent of the owners, the defendant was also rearing pigs in the house and

made the place unkempt. That he also sacked the electrician who was put in the

house to re-wire it.

That the total rent taken from the illegal tenants by the defendant amounted to

Gh¢6,360.00 which the defendant has failed to released to her or account for, and

that at one time, he said he had given it to K