DONKOR VRS ADUSU (A9/05/23) [2024] GHADC 298 (11 April 2024)

DONKOR VRS ADUSU (A9/05/23) [2024] GHADC 298 (11 April 2024)

Plaintiff entitled to recover possession and rent arrears as defendant failed to pay full purchase price and did not prove installation of solar panels. Defendant entitled to refund of part payment with interest. Counterclaim for solar power and purchase dismissed for lack of proof and plaintiff's unwillingness to sell.

Citation
DONKOR VRS ADUSU (A9/05/23) [2024] GHADC 298 (11 April 2024)
Parties
Plaintiff: Ahusano David Alimo Donkor; Defendant: Sampson Jordason Adusu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
11 April 2024
Procedural Posture
Civil / Final Judgment
Outcome
plaintiff's claim partly granted, defendant's counterclaim dismissed except refund of part payment
Legal Topics
Ejection, Recovery of Possession, Mesne Profits, Rent Arrears, Counterclaim, Burden of Proof
Source Language
eng
Property Law Contract Law Landlord Tenant Law Ejection Recovery of Possession Mesne Profits Rent Arrears Counterclaim +1 more

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Parties

Ahusano David Alimo Donkor

Plaintiff

Sampson Jordason Adusu

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 whether plaintiff is entitled to reliefs
  2. 2 whether defendant is entitled to counterclaim

Ratio Decidendi

Plaintiff entitled to recover possession and rent arrears as defendant failed to pay full purchase price and did not prove installation of solar panels. Defendant entitled to refund of part payment with interest. Counterclaim for solar power and purchase dismissed for lack of proof and plaintiff's unwillingness to sell.

Court Disposition

plaintiff's claim partly granted, defendant's counterclaim dismissed except refund of part payment

Orders

  • Plaintiff allowed to recover possession of two-bedroom house
  • Defendant to pay rent arrears of GH₵200.00 per month from February 2022 to date with interest at Bank of Ghana rate