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HAMID v. OKATA AND OTHERS

1990

COURT OF APPEAL

GHANA

CORAM

  • ESSIEM
  • OFORI-BOATENG JJ.A.
  • LAMPTEY

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Administrative Law

AI Generated Summary

Muideen Hamid, a registered trader, sued tenants Kwadjo Okata and two others to recover possession of three Okaishie stores for his personal business use. After the District Court Grade I in Accra dismissed the action, Hamid appealed and the High Court reversed, ordering vacant possession by 31 May 1988. The tenants appealed to the Court of Appeal, arguing the rent officer lacked jurisdiction and that the High Court’s decision was against the weight of evidence. Lamptey J.A. held that section 5(1)(b) of the Rent Act, 1963 (Act 220), together with L.I. 369, empowers rent officers to investigate and recommend in ejectment matters, including via Form 14. He further held rent magistrates are bound by the rent officer’s record unless they reopen inquiries, and that the defendants failed to rebut the plaintiff’s reasonable requirement or prove greater hardship. The Court of Appeal dismissed the tenants’ appeal and affirmed the High Court.

JUDGMENT