SHAIBU DAOUDA v. GOKALS LTD. & ANOR.

Justice Uuter Paul Dery of the High Court addressed an interlocutory application brought by the defendants under the court’s inherent jurisdiction, seeking leave to recover vacant possession of their Adabraka warehouse from the occupant who is the plaintiff in the main action. The plaintiff’s suit, filed on 17 February 2010, claims GH¢20,000 compensation for pain and suffering and related losses from a workplace injury, arrears of salary since June 2009, and an order restraining eviction until compensation is paid. He asserts he was employed as a security man and lived in the warehouse with his family; the defendants deny any employment relationship and say his occupancy was out of compassion. Relying on section 17(1) of the Rent Act, 1963 (Act 220), the defendants argued that cessation of employment ends tenancy and permits recovery. While acknowledging that proposition, the court held recovery should be pursued by counterclaim within the pending suit to allow both sides to be assessed and to avoid prejudicing the plaintiff’s claims. The application was dismissed.