SAFO AND ANOTHER v. BADU
November 11, 1976
HIGH COURT
GHANA
CORAM
- ROGER KORSAH J
Areas of Law
- Property and Real Estate Law
- Civil Procedure
November 11, 1976
HIGH COURT
GHANA
CORAM
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JUDGMENT OF ROGER KORSAH J.
On 6 August 1974, the plaintiff (the respondent here ) filed a writ of summons in the District Court, Grade II, Division III, Kumasi, claiming against the defendant (the appellants herein) an order of ejectment from house No. O.T.A. 62, Odum, Kumasi.
It was averred in the statement of claim accompanying the said writ that by a will dated 26 April 1974 of which letters of administration with will annexed were granted to the plaintiff by the High Court on 22 May 1974, the testatrix, Yaa Anninwaah (deceased) devised house No. O.T.A. 62, Odum, Kumasi to the plaintiff. It was alleged by the plaintiff in the said statement of claim that: "The defendants, by reason of their relationship with the plaintiff's family, were allowed to reside in the said premises during the life time of Yaa Anninwaah (deceased) subject to good conduct."
The plaintiff further alleged in the said statement of claim that on 27 May 1974, he wrote to the first defendant asking her to attorn tenant to him, but the first defendant refused to receive the said letter and furthermore refused to permit the plaintiff to enter house No. O.T.A. 62, Odum, Kumasi, which house had been devised to the plaintiff under the aforementioned will.
The defendant was on 13 August 1974, served with a copy of the summons herein, but she failed to appear in court on 27 August 1974, which was the date specified on the summons for the hearing of the suit. On that day, the court adjourned the case to 4 September 1974 for hearing and ordered that a hearing notice be issued and served on the first defendant, Abena Safo, the appellant herein.
The record of appeal does not disclose whether or not the court convened on the adjourned date, 4 September 1974, and if it did, what took place. The next record of this suit is on 18 September 1974, when with all parties present, counsel for the defendant sought an adjournment from the court on the ground that the ownership of the house, the subject- matter of this action, was in dispute, and that the case was pending before the circuit court for adjudication. Counsel for the plaintiff denied strenuously the pendency of any such suit.
This denial was unnecessary, when it is observed that even if there had been a suit concerning the ownership of house No. O.T.A. 62, Odum, Kumasi, pending in the circuit court on 18 September 1974, the determination by the circuit court of that suit could not have divested the plaintiff of title to the said house, w
AI Generated Summary
Roger Korsah J. dismissed the appeal by Abena Safo from a District Court ejectment order concerning house No. O.T.A. 62, Odum, Kumasi. The plaintiff claimed title under the will of Yaa Anninwaah and held High Court letters of administration with will annexed. After Safo refused to attorn tenant and denied her tenancy, the District Court, hearing in her absence, found the plaintiff owner and ordered ejectment. On appeal, the court held that common law tenancies, including tenancies at will, can exist without rent and that the Rent Act, 1963 (Act 220) regulates only rent-based tenancies, so the plaintiff’s claim need not fit section 17(1). The court found no breach of audi alteram partem, as Safo was served and had an opportunity to be heard. Her affidavit disclaimers amounted to denial of title, effecting forfeiture and waiving notice to quit. The appeal was dismissed with costs.