Section 11(1)(e): notice to a statutory tenant of intention to apply for recovery of possession
In our opinion, the learned trial-Judge has given a true interpretation of section 11(1)(e). After a careful consideration of the question raised by Mr. Akufo-Addo as to the construction and effect of section 11(1)(e) of the Rent Control Ordinance, we are of opinion that the notice contained in the letter (Exhibit “A”) was a valid notice to a tenant on his becoming a statutory tenant, taking effect as from the date he held over his tenancy on its determination. It is clear from the section of the Ordinance that it can only be interpreted as meaning what it says, and that is where the lease has expired, and the tenant becomes a statutory tenant, and the landlord has given six months’ notice to the tenant of his intention to apply for an Order for the recovery of possession of, or ejectment from the premises. In this case the 2nd defendant as a statutory tenant has had, in fact, more that six months’ notice of the plaintiff s intention.
MASSOUD & ANOR. v. KHALIL & ORS. [1959] GLR 278 [1959] SLR (CA) 24 · Court of Appeal · 1959 · ACOLATSE J
Read it in the judgmentMore in Statutory and Constitutional Interpretation: Companies Code, 1963 (Act 179) Constitution, 1969 Constitution, 1992 Contracts Act, 1960 (Act 25) Conveyancing Decree, 1973 (NRCD 175) Copyright Act, 2005 (Act 690) Court of Appeal Rules, 1997 (C.I. 19) Courts Act, 1971 (Act 372) Courts Act, 1993 (Act 459) Courts Decree, 1966 (N.L.C.D. 84) Courts Ordinance Criminal and Other Offences (Procedure) Act, 1960 (Act 30) Criminal Code (Cap. 9) Criminal Code, 1960 (Act 29) Criminal Procedure Code (Cap. 10) Currency Act, 1960 Data Protection Act, 2012 (Act 843) Evidence Act, 1975 (NRCD 323) Forests Act, 1927 (Cap. 157) General principles High Court (Civil Procedure) Rules, 1954 (L.N. 140A) High Court (Civil Procedure) Rules, 2004 (C.I. 47) Interpretation Act, 1960 (C.A. 4) Interpretation Act, 2009 (Act 792) Juvenile Justice Act, 2003 (Act 653) Labour Act, 2003 (Act 651) Land Act, 2020 (Act 1036) Limitation Act, 1970 (NRCD 54) Loans Recovery Ordinance, Cap. 175 Marriage Ordinance (Cap. 127) Search and filter these passages in the Research toolAll areas of lawSearch every judgment
Passages are quoted word for word from the judgments. Read the full judgment before relying on a passage.