OPPONG v. FRY-NARTEY

After a complaint to the Sekondi-Takoradi rent officer, a landlord sought to eject bandsmen occupying the first floor of his property rented by Mr. Oppong, proprietor of Pakos Lodge, citing intoxication, fighting, and damage. The tenant did not oppose recovery but requested two years to relocate eight men. The rent officer, J.K. Annor, advised vacating by 31 October 1981 and, in default, referral to the rent magistrate. The landlord appealed; the District Court Grade I magistrate reheard the matter and ordered vacation by 22 April 1981. On further appeal, the present court considered whether a rent officer had jurisdiction to determine complaints leading to ejectment and the legality of the ejectment order. Endorsing Archer J.’s broader reading of section 5(1)(b) of the Rent Act, the court held rent officers may investigate and determine such complaints but cannot issue binding orders; only rent magistrates may order possession under section 17(1). Finding nuisance established under section 17(1)(c) and (e), the court dismissed the appeal and affirmed ejectment with costs.