SACKEY AND OTHERS v. KUMAH

This appeal arose from landlord–tenant proceedings in Kumasi concerning house No. Plot 8 Block 17, Old Amakom. The landlord sought to eject tenants to perform renovations, having served six‑month notice under section 17 of the Rent Act and filed a regulation 18 declaration promising reinstatement and non‑reletting for two years. The rent officer investigated and recommended that tenants vacate; the District Court Grade II rent magistrate, without taking evidence, endorsed that recommendation and ordered all tenants to give up possession by 28 February 1974. On appeal, Owusu‑Addo J held that rent officers may investigate and determine ejectment‑related complaints under section 5(1)(b), though they cannot order ejectment, and that rent magistrates may decide referred matters on the record but retain unfettered power to take evidence or order hearing de novo. Because the record showed some tenants could remain during repairs and certain exhibits were misinterpreted or not examined, the blanket ejectment order was erroneous. The appeal was allowed and the case remitted for hearing de novo, with no costs.