MADAM ABENA BOATEMAA v. KWADWO GYASI
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), J.A.
- A. M. DOMAKYAAREH (MRS), J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Contract Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellate court reviewed a dispute between a landlady and tenant involving the recovery of possession of commercial stores. The trial court had dismissed the landlady's claims for lack of evidence. The appellate court examined the grounds of appeal, including the argument of irreparable relationship and errors in ignoring evidence and title challenge. The court upheld the trial court's decision, finding no valid basis for eviction under the Rent Act and dismissing the appeal.
A. M. DOMAKYAAREH (MRS), J.A.
1. This is a landlady/tenant relationship that has ended up in the landlady wanting to eject the tenant. The plaintiff/appellant (hereinafter called the plaintiff for ease of reference) who is the landlady issued a Writ of Summons against the defendant/respondent (hereinafter called the defendant for ease of reference) which she filed on 25th February 2009 at the Circuit Court, Kumasi, claiming the following reliefs:-
i) The recovery of possession of three (3) store rooms at House Number Plot 3 Block “D” Tanoso, Kumasi.
ii) An order of perpetual injunction restraining the defendant from further having anything to do with the said stores in dispute.
2. The background to the legal suit is found in the Statement of Claim filed by the plaintiff against the defendant. The plaintiff averred that she is the bonafide owner of the said House No. Plot 3 Block “D”, Tanoso, Kumasi, and in that capacity, she rented three store rooms in her said house to the defendant. A Tenancy Agreement was duly executed between the parties on 27th June, 2007. The plaintiff averred that months after the defendant took possession of the stores he started creating problems for her and her relatives living in the said house including invoking curses on her and instructing his workers to beat her up and/or her children. The plaintiff in her Statement of Claim, heaped a litany of complaints against the defendant, namely, that:
· The defendant packed his iron rods to block the way to have access to other part of the house, especially the 1st floor of the said stores which is uncompleted
· As a result of how the iron rods are parked all prospective tenants are refusing to rent the said stores
· The defendant caused her arrest at the Abuakwa Police Station when she complained of his conduct
· The defendant’s auditor has threatened to poison her
· At the Asantehene’s Palace, defendant was asked to take his money and leave but he refused.
· The defendant refused to remove the iron rods to enable plaintiff to have access to the 1st floor of the said store house
· The plaintiff gave defendant six (6) months’ notice to quit to no avail
The plaintiff further averred that she needed the said store rooms for use by her sons and herself and that she is prepared to refund the Gh¢8,580.00 rent advance that the defendant paid.
3. The defendant Entered Appearance and filed a Statement of Defence where he averred that the Plot was vacant and the defendant was a