Andy Adjetey Vrs Adam Abubakari [2022] GHACC 122 (13 October 2022)

Andy Adjetey Vrs Adam Abubakari [2022] GHACC 122 (13 October 2022)

Plaintiff failed to adduce sufficient credible evidence to discharge the burden of proof required to substantiate his claims; tenancy agreements were unsigned by Defendant and no proof of payment of GH¢1,500.00 was tendered; accordingly, Plaintiff's claims are dismissed as unsubstantiated.

Citation
[2022] GHACC 122
Parties
Plaintiff: Andy Adjetey Annang; Defendant: Adam Abubakari
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 October 2022
Procedural Posture
Civil (landlord Tenant Dispute) / Judgment
Outcome
Plaintiff's claims dismissed as unsubstantiated; Defendant's counterclaim dismissed for want of proof.
Legal Topics
Burden of Proof, Tenancy Agreement, Subletting, Standard of Proof, Dismissal for Want of Evidence
Source Language
English
Landlord and Tenant Civil Procedure Evidence Burden of Proof Tenancy Agreement Subletting Standard of Proof Dismissal for Want of Evidence

Case Brief

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Parties

Andy Adjetey Annang

Plaintiff

Adam Abubakari

Defendant

Procedural Posture

Civil (landlord Tenant Dispute) / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to the reliefs claimed against the Defendant
  2. 2 Whether the Plaintiff discharged the burden of proof required by law

Ratio Decidendi

Plaintiff failed to adduce sufficient credible evidence to discharge the burden of proof required to substantiate his claims; tenancy agreements were unsigned by Defendant and no proof of payment of GH¢1,500.00 was tendered; accordingly, Plaintiff's claims are dismissed as unsubstantiated.

Court Disposition

Plaintiff's claims dismissed as unsubstantiated; Defendant's counterclaim dismissed for want of proof.

Orders

  • Plaintiff's claims dismissed
  • Defendant's counterclaim dismissed