Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

OSEKRE v. SAAH

March 14, 1967

HIGH COURT

GHANA

CORAM

  • EDUSEI J

Areas of Law

  • Property and Real Estate Law
  • Tort Law

AI Generated Summary

EDUSEI J resolved a landlord–tenant dispute concerning house No. C250/4, Kokomlemle, Accra. The landlord had rented the property to Hood on a monthly basis and Hood, without written consent, sub-let part of the premises to the defendant. After Hood fell into arrears and surrendered possession, the defendant remained despite notices to quit and sought relief at the rent office, where the rent officer directed the landlord to issue a receipt (exhibit 4) in the defendant’s name for payments that reduced Hood’s arrears. The court rejected arguments that the defendant became a tenant either under Act 220 or through acceptance of rent, emphasizing section 22(1)’s prohibition on sub‑letting without written consent and the requirement of mutual intention to create a new tenancy. Crediting evidence that the landlord planned to let to a company via John Boadu, the court found no tenancy existed between the parties. The defendant’s continued occupation amounted to trespass. The court awarded damages and ordered immediate recovery of possession, with costs.

JUDGMENT