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YAWSON V. BRAKO

(1987) JELR 68170 (CA)

Court of Appeal  •  26 Mar 1987  •  Ghana

Coram
OSEI-HWERE JA,WUAKU JA,AMUA-SEKYI JA

Judgement

OSEI-HWERE J.A: When the Armed Forces Revolutionary Council entered the political arena on 4 June 1979 the defendant was the sitting tenant of the two-roomed house No AH 5, Community 8, Tema, of which the plaintiff is the landlady. The plaintiff held the house on hire purchase from the Tema Development Corporation. Following the setting up of the so-called “One-Man One-House” Committee by the Armed Forces Revolutionary Council to enforce the provisions of the State Housing and Tema Development Corporations (Ownership of Houses) Decree, 1979 (AFRCD 50), in those hectic days, the defendant was compelled by the said committee to surrender immediately one of the two rooms to the plaintiff and then to give up vacant possession of the other room later. It was commonly agreed that the defendant was given a quit order. The unresolved issue was the date he was to vacate the house. The plaintiff said he was given three months to quit. The defendant said he was permitted to stay there until he f…

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