OPPONG v. FRY-NARTEY

This matter was originated by a complaint to the rent officer of the Sekondi-Takoradi City Area by the plaintiff-respondent (hereinafter referred to as the landlord) as against the defendant-appellant (hereinafter referred to as the tenant). The complaint lodged reads as follows:

"Mr. Oppong who is the proprietor of Pakos Lodge rented the first floor of my storey-building for his bandsmen. The bandsmen of late became a nuisance to the inmates of the house and those around us. Each time they returned from dance fully intoxicated [p.258] with alcohol and Indian hemp smoking, they turned the whole area upside down. Some engaged themselves in fighting over girls they brought along with them, whilst others went to the extent of throwing bottles and other missiles. There was an occasion when one of the bandsmen pulled out a knife to stab another bandsman and had it not been for the timely intervention of a passer-by who was attracted by the unusual noise to the scene it would have been fatal. As I would not like myself to be called upon as a witness in any future brawl I am taking this precaution by ejecting the bandsmen and then turn the entire house into a family house to house my eleven children and two nephews who have now been transferred to Takoradi."

Upon this complaint, both the landlord and the tenant appeared before the Senior Rent Officer, J. K. Annor, on 22 October 1980. The landlord gave evidence on oath in support of his complaint, among other things, as follows:

"I am the owner of house No 53/3, Takoradi. The tenant rents a portion of this house for occupation by his bandsmen. In recent times his men have been creating a lot of nuisance in the house. For example, they have been quarrelling among themselves on account of women thereby breaking some glass louvres. They sometimes fight with missiles such as bottles and knives, not mentioning the fact that they keep the place very dirty; they do not know who is to sweep. In view of these reasons, I served him with six months' notice to remove his men. The notice has expired but he has not made any effort to do so. In the circumstances, I have brought this case and humbly pray that the tenant’s men are ejected from the premises forthwith."

The tenant, who appeared not to be challenging any part of the landlord's complaint as outlined supra, stated: "I have no objection to the complainant's request for recovery of possession." He only talked about his problem in securing accommodation for eight me