IBRAHIM VRS ANABA (A9/113/2022) [2024] GHADC 211 (23 April 2024)

IBRAHIM VRS ANABA (A9/113/2022) [2024] GHADC 211 (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 Plaintiff consistently sought recovery of possession. Defendant failed to prove payment of USD18,000.00 or breach by Plaintiff. Defendant remains in occupation without paying rent and is not entitled to refund or reclassification. Plaintiff is entitled to possession, rent arrears, and costs.

Citation
IBRAHIM VRS ANABA (A9/113/2022) [2024] GHADC 211 (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 After Trial
Outcome
Judgment for Plaintiff; Defendant’s counterclaim dismissed.
Legal Topics
Tenancy Expiration, Rent Arrears, Possession Recovery, Waiver of Right to Possession, Breach of Covenant, Burden of Proof
Source Language
eng
Landlord and Tenant Contract Law Tenancy Expiration Rent Arrears Possession Recovery Waiver of Right to Possession Breach of Covenant Burden of Proof

Case Brief

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Parties

Amida Ibrahim

Plaintiff

Evans Akonko Anaba

Defendant

Procedural Posture

Civil Landlord and Tenant / Judgment After Trial

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 Plaintiff consistently sought recovery of possession. Defendant failed to prove payment of USD18,000.00 or breach by Plaintiff. Defendant remains in occupation without paying rent and is not entitled to refund or reclassification. Plaintiff is entitled to possession, rent arrears, and costs.

Court Disposition

Judgment for Plaintiff; Defendant’s counterclaim dismissed.

Orders

  • Defendant to yield vacant possession of House Number B12, Manet Villa Estate, Spintex Road, Accra to Plaintiff.
  • Defendant to pay Plaintiff USD25,500.00 as rent arrears.