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AKATI V. NARTEY

(1979) JELR 64423 (HC)

High Court  •  12 Apr 1979  •  Ghana

Coram
CECILIA KORANTENG-ADDOW J.

Judgement

CECILIA KORANTENG-ADDOW J.: This is an appeal from the decision of the District Court Grade I, Tema. In the judgment the learned magistrate upheld the plaintiff-respondent’s (hereinafter referred to as the respondent) claim for payment of arrears of rent and recovery of possession. On his own motion the trial magistrate also awarded the respondent mesne profits even though this was not claimed by him. The circumstances which led to the institution of the action as can be gleaned from the evidence on the side of the respondent are these:

All the parties and their witnesses live at Ashiamang. The defendant-appellant (hereinafter referred to as the appellant) told Mary Nartey, the plaintiff’s first witness, sister of the respondent, that he wanted to sell his house at plot No. D/34, Ashiamang and the latter promised to find him a buyer. Mary Nartey told her brother, the respondent, about the house and the respondent showed immediate interest. Consequently, a meeting was arranged between t…

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