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OCANSEY v. TEIKO

December 14, 1972

HIGH COURT

GHANA

CORAM

  • SARKODEE J

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Civil Procedure
  • Equity and Trusts

AI Generated Summary

The case concerns a tenant’s appeal from a magistrate’s order ejecting him despite full payment of rent arrears and costs. The magistrate entered judgment for arrears and directed the tenant to vacate by 30 April 1972, even after defense counsel and the court registrar highlighted that the writ amount (¢44.00) had been paid into court. He nevertheless found a substantial breach of the tenancy agreement. On appeal, the defendant produced a receipt showing payment on 3 March 1972—one day before judgment and the ejectment order. The appellate court, applying section 212 of the Common Law Procedure Act, 1852 (as preserved by the Courts Act, 1971) and drawing on Howard v. Fanshawe, held that a re-entry clause is equity’s security for rent and that tenants who pay arrears and expenses are entitled to relief against forfeiture and continue under the original lease. The court allowed the appeal, set aside the ejectment order, restored the lease, and awarded costs of ¢50.00.

JUDGMENT