Addy v Yamoah and Others (A11/26/2024) [2025] GHADC 206 (13 May 2025)

Addy v Yamoah and Others (A11/26/2024) [2025] GHADC 206 (13 May 2025)

Plaintiff, as a beneficiary of the estate, has standing to sue and the right to revoke the Defendants' bare licence to occupy the property. Defendants failed to prove any greater interest than a revocable licence. Plaintiff is entitled to possession and costs.

Citation
[2025] GHADC 206
Parties
Plaintiff: Agnes Addy; Defendant: Rev. Yamoah; Defendant: Regina Naa Dei; Defendant: Theresa Biboyo; Defendant: John Paintsil Oko
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 May 2025
Case Number
A11/26/2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; Defendants to yield up vacant possession; costs awarded to Plaintiff.
Legal Topics
Eviction, Beneficiary Rights, Licenses in Land, Capacity to Sue
Source Language
English
Land Law Succession Law Eviction Beneficiary Rights Licenses in Land Capacity to Sue

Case Brief

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Parties

Agnes Addy

Plaintiff

Rev. Yamoah

Defendant

Regina Naa Dei

Defendant

Theresa Biboyo

Defendant

John Paintsil Oko

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has capacity to institute and maintain this action
  2. 2 Whether the Defendants have interest in the property in dispute
  3. 3 Whether the Plaintiff has the right to eject the Defendants

Ratio Decidendi

Plaintiff, as a beneficiary of the estate, has standing to sue and the right to revoke the Defendants' bare licence to occupy the property. Defendants failed to prove any greater interest than a revocable licence. Plaintiff is entitled to possession and costs.

Court Disposition

Plaintiff's claim allowed; Defendants to yield up vacant possession; costs awarded to Plaintiff.

Orders

  • Defendants to yield up vacant possession of the two-bedroom outhouse by 30th September 2025.
  • Costs of GH¢30,000.00 awarded to Plaintiff.