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DONKOR V. DZOKOTO

(1993) JELR 69420 (CA)

Court of Appeal  •  4 Nov 1993  •  Ghana

Coram
ESSIEM JA, BROBBEY JA, FORSTER JA

Appearances
HACKMAN (FOR JAMES AHENKORAH) FOR THE DEFENDANT-APPELLANT; S A X TSEGAH FOR THE PLAINTIFF-RESPONDENT

Judgement

FORSTER JA.: The plaintiff-respondent, Margaret Abui Dzokoto (hereinafter called the plaintiff) is the owner of house No F 353/4, La. The defendant-appellant (hereinafter called the defendant) is the tenant of the respondent’s said house No F 353/4, La.

The plaintiff issued against the defendant a write indorsed claiming an order for ejectment of the defendant from the said house and recovery of possession on the ground that the plaintiff needed it for occupation as a dwelling house by members of her family. To the writ was attached a statement of claim. In her statement of claim the plaintiff averred, inter alia, that:

“(2) By a lease agreement dated 1 July 1988 the plaintiff demised the said house to the defendant for a period of two years with no option to renew...

(5) The plaintiff says that after the expiration of the said two years she gave three additional months to the defendant to quit the said premises but the defendant refused to quit after repeated demands.”

The defendant res…

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