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MADAM ABENA BOATEMAA V. KWADWO GYASI

(2016) JELR 66617 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/35/2016  •  29 Feb 2016  •  Ghana

Coram
E. K. AYEBI J.A. (PRESIDING, G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS) J.A.

Appearances
STEPHEN OSEI KOFI FOR THE APPELLANT ,KWABENA OBIRI YEBOAH FOR THE RESPONDENT

Judgement

JUDGMENT

A. M. DOMAKYAAREH (MRS), J.A.

1. This is a landlady/tenant relationship that has ended up in the landlady wanting to eject the tenant. The plaintiff/appellant(hereinafter called the plaintiff for ease of reference) who is the landlady issued a Writ of Summons against the defendant/respondent (hereinafter called the defendant for ease of reference) which she filed on 25th February 2009 at the Circuit Court, Kumasi, claiming the following reliefs:-

i) The recovery of possession of three (3) store rooms at House Number Plot 3 Block ā€œDā€ Tanoso, Kumasi.

ii) An order of perpetual injunction restraining the defendant from further having anything to do with the said stores in dispute.

2. The background to the legal suit is found in theStatement of Claim filed by the plaintiff against the defendant.The plaintiff averred that she is the bonafide owner of the said House No. Plot 3 Block ā€œDā€, Tanoso,Kumasi, and in that capacity, she rented three store rooms in her said house to the defendant.…

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