CHAS-OCLOO V. KYEI

BROBBEY J.

By his writ, the plaintiff-respondent claimed recovery of a store and arrears of rent from the defendant-appellant. The plaintiff based his claim on non-payment of rent and recovery of possession for his own business. Judgment was eventually entered for the plaintiff by the District Court Grade I, La which ordered the defendant to quit the store and to pay up what the court considered to be the arrears of rent. It is against that judgment that the defendant appealed to this court.

A critical look at the record of proceedings in the trial court discloses that the plaintiff led no evidence on the second basis of his claim, i.e. claim of the store for his own business. It is in evidence that there were two stores which were originally rented to the defendant. One of the stores described as store No. 2 had been surrendered to the plaintiff and yet there was no evidence as to whether or not he had even started any business in that one, let alone to indicate whether or not that st…