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OFORI v. ARTHUR

1970

HIGH COURT

GHANA

CORAM

Kingsley-Nyinah J

Areas of Law

Administrative Law

Property and Real Estate Law

AI Generated Summary

The case revolves around the interpretation of the terms 'nuisance' and 'annoyance' under the Rent Act, 1963 and the Rent Regulations, 1964. Lacking statutory definitions, the court concludes that these terms should be interpreted contextually, taking into account the specific facts and circumstances of each case. The court also urges future amendments to provide clear definitions to prevent ambiguity.

JUDGMENT

EXTRACT FROM JUDGMENT:

“It is not at all surprising, then, that neither the Rent Regulations, 1964 (L.I. 369), nor its parent statute, the Rent Act, 1963 (Act 220), ventures a definition of the word ‘nuisance’, or the word ‘annoyance.’ This omission I think entitles one to interprete the word not abstractly, but beneficially, having regard to the very peculiar facts and circumstances of each particular case. I do earnestly hope that when this Act 220 comes to be revised or amended’ the draftsmen would give us a reasonable and practicable definition of these important words ‘nuisance’, and ‘annoyance’.