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JOSEPH v. FARISCO (GHANA) LTD.

1990

COURT OF APPEAL

GHANA

CORAM

  • AMPIAH
  • ESSIEM
  • AMUAH JJ.A

Areas of Law

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

AI Generated Summary

William Joseph, having acquired Pasico House from Pasico (Ghana) Ltd., sought to recover possession from the first defendant tenant, who had been in occupation under a 1973 tenancy and was by then a statutory tenant. Notices to quit were issued by the former and new landlords in 1984–1985, but the tenant remained, paying rent through December 1985. On appeal from the High Court’s dismissal of his claim, Joseph argued compliance with Regulation 18 of L.I. 369 and that he reasonably required the premises for his own business under section 17(1)(h) of the Rent Act. The Court of Appeal held the amendment of the defence unnecessary and refused it, accepted that the Regulation 18 declaration had been filed before judgment, but concluded Joseph failed to prove a genuine personal business need: the proposed uses involved separate companies (including a ten-year lease to Gerardo Products Ltd.), contradicting his non-reletting declaration. Deferring to the trial judge’s discretion on reasonableness, the Court of Appeal dismissed the appeal.

JUDGMENT