IBRAHIM VRS ANABA (A9/113/2022) [2024] GHADC 223 (23 April 2024)

IBRAHIM VRS ANABA (A9/113/2022) [2024] GHADC 223 (23 April 2024)

The tenancy was for a fixed term of one year and expired on 1st May 2018. Acceptance of USD4,000.00 after expiration did not create a new tenancy or constitute waiver, as there was no unequivocal act by Plaintiff recognizing a new tenancy. Defendant failed to prove payment of USD18,000.00 or breach by Plaintiff. Defendant remains in occupation without paying rent and is liable for arrears and eviction.

Citation
IBRAHIM VRS ANABA (A9/113/2022) [2024] GHADC 223 (23 April 2024)
Parties
Plaintiff: Amida Ibrahim; Defendant: Evans Akonko Anaba
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 April 2024
Procedural Posture
Civil Landlord and Tenant / Judgment
Outcome
Judgment for Plaintiff; Defendant’s counterclaim dismissed.
Legal Topics
Tenancy Expiration, Rent Arrears, Possession Recovery, Waiver of Rights, Breach of Covenant
Source Language
eng
Landlord and Tenant Contract Law Civil Procedure Tenancy Expiration Rent Arrears Possession Recovery Waiver of Rights Breach of Covenant

Case Brief

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Parties

Amida Ibrahim

Plaintiff

Evans Akonko Anaba

Defendant

Procedural Posture

Civil Landlord and Tenant / Judgment

Legal Issues

  1. 1 Whether acceptance of USD4,000.00 as rent after expiration of tenancy created a new contractual tenancy or constituted a waiver of Plaintiff’s right to recover possession
  2. 2 Whether Plaintiff breached section 2.3 of the tenancy agreement regarding repairs and maintenance
  3. 3 Whether Defendant was unable to locate Plaintiff after diligent efforts

Ratio Decidendi

The tenancy was for a fixed term of one year and expired on 1st May 2018. Acceptance of USD4,000.00 after expiration did not create a new tenancy or constitute waiver, as there was no unequivocal act by Plaintiff recognizing a new tenancy. Defendant failed to prove payment of USD18,000.00 or breach by Plaintiff. Defendant remains in occupation without paying rent and is liable for arrears and eviction.

Court Disposition

Judgment for Plaintiff; Defendant’s counterclaim dismissed.

Orders

  • Defendant to yield vacant possession of the property to Plaintiff.
  • Defendant to pay USD25,500.00 as rent arrears to Plaintiff.