Billing Fred Bekoe Vrs Eugene Zumakpe [2022] GHACC 15 (30 November 2022)

Billing Fred Bekoe Vrs Eugene Zumakpe [2022] GHACC 15 (30 November 2022)

Plaintiff failed to adduce credible evidence that Defendant occupied the premises rent-free for 17 months; thus, the claim fails. Defendant failed to prove the destruction of drugs but is entitled to the return of seized items.

Source-derived case information.

Citation
[2022] GHACC 15
Parties
Plaintiff: Billings Fred Bekoe; Defendant: Eugene Zumakpe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed; Defendant's counterclaim for return of seized items allowed; no order as to costs.
Legal Topics
Tenancy, Burden of Proof, Counterclaim
Source Language
english
Landlord and Tenant Civil Procedure Tenancy Burden of Proof Counterclaim

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Parties

Billings Fred Bekoe

Plaintiff

Eugene Zumakpe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Defendant stayed in Plaintiff’s premises without paying rent and goodwill
  2. 2 Whether Defendant occupied Plaintiff’s premises for 17 months
  3. 3 Whether Plaintiff is entitled to his claim

Ratio Decidendi

Plaintiff failed to adduce credible evidence that Defendant occupied the premises rent-free for 17 months; thus, the claim fails. Defendant failed to prove the destruction of drugs but is entitled to the return of seized items.

Court Disposition

Plaintiff's claim dismissed; Defendant's counterclaim for return of seized items allowed; no order as to costs.

Orders

  • Plaintiff to release items belonging to Defendant which he seized to the Defendant forthwith.
  • No order as to costs.