MINTAH VRS BONSU (G/AC/DG/A11/28/23) [2023] GHADC 845 (13 December 2023)

MINTAH VRS BONSU (G/AC/DG/A11/28/23) [2023] GHADC 845 (13 December 2023)

The plaintiff proved on a balance of probabilities that the tenancy agreement expired and the 2nd defendant occupies the store without legal right. The defendants did not contest the claim, and the plaintiff is entitled to recover possession and costs.

Citation
[2023] GHADC 845
Parties
Plaintiff: Constance Oduro Mintah; Defendant: Derrick Osei Bonsu; Defendant: Mr. Kwakye
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 December 2023
Case Number
G/AC/DG/A11/28/23
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Ejectment, Tenancy Agreement, Vacant Possession, Burden of Proof
Source Language
English
Land Law Landlord and Tenant Ejectment Tenancy Agreement Vacant Possession Burden of Proof

Case Brief

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Parties

Constance Oduro Mintah

Plaintiff

Derrick Osei Bonsu

Defendant

Mr. Kwakye

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to immediate ejectment of the 2nd defendant from the store
  2. 2 Whether the 2nd defendant has any legal right to occupy the store after expiration of the tenancy agreement

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the tenancy agreement expired and the 2nd defendant occupies the store without legal right. The defendants did not contest the claim, and the plaintiff is entitled to recover possession and costs.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff entitled to recover the store from the 2nd defendant
  • Defendants to pay costs of GHȻ 1,000.00 to the plaintiff