The Bolgatanga High Court has overturned a ruling regarding a tenancy dispute over a five-bedroom apartment in the Bongo District of the Upper East Region.
A District Magistrate Court had earlier ruled in favour of Mr Lambert Kanmiki, who had leased the apartment from Dr Emmanuel Akay, the owner.
Per the High Court ruling, Dr Akay, the appellant, has now regained possession of his apartment (a guest house), which he leased to Mr Kanmiki for a period of four years.
The facts of the case which had been lingering since 2018 are that, Dr Akay rented the apartment to Mr Kanmiki for GH¢26,000 between 2014 and 2018, after which he would claim it back.
According to the plaintiff, a rent agreement was executed, and a further agreement was reached that the defendant (landlord/lessor) would occupy a room in the premises and pay GH¢5,000.00 to him.
It was further stated that, after spending at least a year in the room, the defendant allegedly breached the agreement by failing to pay the agreed amount to the lessee.
The lesser lodged a complaint with the Rent Control office in Bolgatanga, demanding that defendant refund GH¢5,200.00 to him, being the outstanding advance payment of rent.
The lesser also demanded that Dr Akay (lessor) be compelled to pay GH¢72,0000.00 being total cost of occupation of the Guest House from September 1, 2014 to September 30, 2018.
The Rent Control Manager gave a verdict in favour of the plaintiff (lessee), a verdict the defendant (lessor) contended.
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When the case was taken to the District Magistrate Court in Bolgatanga, the court said the defendant, having rented the facility (Guest House) to the plaintiff, had no right to live in the premises.
The court withheld findings of the rent control office and the defendant was ordered to pay GH¢72,000.00 to plaintiff.
Consequently, the appellant filed an appeal at the High court, seeking the court to reverse and set aside the District Magistrate's verdict, and grant the appellant's counter-claim.
The trial judge, Justice Charles Adjei Wilson, indicated that "once the lease expires, the plaintiff is bound to vacate the premises. It seems to me that the demand for rent payment and renovation expenses is being used by the plaintiff/tenant to frustrate the right of the defendant/landlord for the possession of the premises.
He, however, described the findings of the rent manager and the verdict of the District Magistrate as "unreasonable," as it contravene the literal terms of the tenancy agreement.
