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DAHABIEH V. S A TARQUI & BROTHERS

(2002) JELR 68293 (SC)

Supreme Court  •  29 May 2002  •  Ghana

Coram
BAMFORD-ADDO JSC, AMPIAH JSC, KPEGAH JSC, ADJABENG JSC, ADZOE JSC

Judgement

JUDGEMENT

Adzoe JSC.

Delivered the judgment of the court. This is an appeal from the judgment of the Court of Appeal dated 29 June 2000. It was a decision which reversed the trial High Court’s judgment in favour of the plaintiff-respondent-appellant(hereinafter referred to as the appellant). The defendants-appellants-respondents will hereinafter be referred to as the respondents simpliciter.

The appellant filed and argued four grounds of appeal—two original grounds plus two additional grounds. They are that:

“(1) The judgment is wrong in law.

(2) The judgment is against the weight of evidence.

(3) The learned justices erred in granting the order of recovery of possession in the absence of evidence that the landlord had served the requisite statutory notice on the tenant which notice is a condition precedent to taking any action based on the said breach.

(4) In view of the substantial works on the premises in the nature of renovations, the learned justices ought to have suspended the order…

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