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ANANE V. ASANTEWAA

(1978) JELR 65666 (HC)

High Court  •  19 Jan 1978  •  Ghana

Coram
OWUSU-ADDO J.

Appearances
D. K. DUKU FOR THE APPELLANT.

Judgement

OWUSU-ADDO J.: This is an appeal by the defendant from the judgment of the Kumasi district court grade II dated 28 March 1978, entering judgment in favour of the plaintiff and ordering the defendant to give up possession of a room occupied by him in house No. 13, Block 17, Kwadaso.

The first ground of appeal argued was that before the commencement of her suit in the trial court, the plaintiff ought to have made a declaration in compliance with regulation 18 of the Rent Regulations, 1964 (L.I. 369), since her claim was brought under section 17 (1) (g) of the Rent Act, 1963 (Act 220). Counsel for the appellant submitted that non-compliance with the aforementioned regulation divested the trial magistrate of jurisdiction to try the case. A fortiori the whole trial resulting in the judgment appealed against is a complete nullity. On the second ground of appeal, counsel urged that the plaintiff failed to discharge the burden of proof that she reasonably required the room for personal use and…

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