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BOATENG V. DWINFUOR

(1978) JELR 69219 (CA)

Court of Appeal  •  27 Jul 1978  •  Ghana

Coram
APALOO C.J.,ANIN JA,FRANCOIS J.A.

Appearances
APPELLANT IN PERSON; NO APPEARANCE BY OR FOR THE RESPONDENT.

Judgement


ANIN J.A.: The plaintiff’s case was simple and straightforward. She claimed to have bought house No. ZR 75, Bekwai, from its owner, Mr. George Kwasi Awuah of Essumangya for the sum of ¢1,660 for her personal occupation; and that she was accordingly entitled to an order of possession and ejectment against the defendant whom she described in her specially endorsed writ of summons as a statutory tenant. There was no accompanying statement of claim: but in her evidence-in-chief she made the important revelation that “the defendant was living in the house as a tenant at the time I bought the house. The defendant, I know was paying ¢14 to Awuah as rent for his occupation of the house.”

After purchasing the house, the plaintiff invited the defendant as sitting tenant to see her to discuss arrangements for his vacation of the premises; but he declined her invitation. She therefore had to resort to this action to recover possession, arrears of rent and mesne profits.

Under cross-examination, the…

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