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ALAMEDDINE BROTHERS V. PATERSON ZOCHONIS AND CO., LTD.

(1971) JELR 69085 (CA)

Court of Appeal  •  19 Jul 1971  •  Ghana

Coram
SIRIBOE J.S.C.,SOWAH JA,ARCHER J.A.

Appearances
P. A. ADJETEY FOR THE APPELLANTS; LAING FOR THE RESPONDENTS.

Judgement

SOWAH J.A.

This is an appeal from the concurrent judgments of the District Magistrate’s Court and the High Court, Accra, both upholding the validity of a notice to quit given by the respondents to the appellants under section 17 (1)(h) of the Rent Act, 1963 (Act 220), and granting the respondents’ claim to possession of a shop occupied by the appellants.

Some time in 1958, upon an oral grant, the appellants took possession of one store in premises No. D 893/3, situate at Selwyn Market Street owned by the respondents at a monthly rent of N¢80.00 per month. About July 1959, the appellants applied to the rent assessment committee for an assessment of the premises and this was duly done. The monthly rent was reduced to N¢45.00 which thereafter became the standard rent of the store.

The appellants appeared to have enjoyed quiet possession until 12 January 1967, when they received the following notice:

“I the undersigned give you one (1) month’s notice from the date hereof on behalf of my clie…

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