EVELYN VANDERPURE v. MR. OTI

Relief sought:

1. Cash the sum of GHC500.00 being two (2) months’ rent arrears defendant owes

plaintiff.

2. Any other orders the court may deem fit to make.

3. Interest and costs

Brief Facts

The case of plaintiff is that, she is a landlord resident in Anyinamu, whilst defendant is a tenant, occupying one of her apartments in her compound house in Anyinamu. Plaintiff avers that defendant’s tenancy commenced in January and ended in December of the year 2022. The rent for the period was GHC250.00 monthly and defendant paid in advance for a year, to wit GH₵3000.00.

At the expiration of the tenancy, she notified defendant and he asked for some time to pay up his rent. After two months defendant informed plaintiff that his rent was ready and both agreed to meet but that never happened and for three days defendant did not show up until she called to remind him of their agreement to meet. Defendant indicated that he had travelled hence his inability to meet her. A week later when she called to remind defendant about the rent, defendant said he had vacated the apartment. Plaintiff demanded two months’ rent from the defendant being the period he continued to stay in the apartment after the expiration of the tenancy, (i.e. January and February 2023) however, defendant kept giving excuses hence the matter is before the instant court.

Opening his defense, defendant admitted that he resided in plaintiff’s apartment for one year and paid the rent amount aforementioned by plaintiff. Defendant said even though he paid the said rent in respect of a chamber and hall self-contained apartment, he was not offered his preference. Moreover the toilet facility in his apartment was not installed hence he had to attend nature’s call in the bush. Additionally the apartment was not connected to flowing water, and his next-door neighbour had turned her corridor into a kitchen where she cooked, a situation that inconvenienced his family. Because the issues aforementioned were not addressed, he opted to move out of the apartment.

Issues for Determination

Whether or not plaintiff’s notice of expiration of tenancy to defendant was made timeously.

Whether or not plaintiff is right to recover two months’ rent from the defendant.

The rent act, Act 220 is the law that regulates landlord and tenant proceedings.

In Ghana the only grounds on which a tenant can be lawfully ejected and landlord recover possession of an apartment are those spelt out at section 17 and 25(2) and 28 of