CUDJOE VRS. PEASAH AND ANOTHER (A9/227/19) [2024] GHADC 493 (24 October 2024)

CUDJOE VRS. PEASAH AND ANOTHER (A9/227/19) [2024] GHADC 493 (24 October 2024)

Plaintiff failed to prove expenditure beyond GH¢13,301; no valid lease existed but enforceable oral contract; plaintiff had exclusive possession and failed to negotiate rent; plaintiff not entitled to refund, must pay rent for period of possession.

Citation
CUDJOE VRS. PEASAH AND ANOTHER (A9/227/19) [2024] GHADC 493 (24 October 2024)
Parties
Plaintiff: David Cudjoe; Defendant: Esther Peasah; Defendant: Vivian Tiwah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
24 October 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for defendants
Legal Topics
Oral Contract, Rent Liability, Refund of Construction Expenses, Statute of Limitations, Burden of Proof
Source Language
eng
Contract Landlord Tenant Oral Contract Rent Liability Refund of Construction Expenses Statute of Limitations Burden of Proof

Case Brief

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Parties

David Cudjoe

Plaintiff

Esther Peasah

Defendant

Vivian Tiwah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiff expended GH¢18,196 in construction of the residential facility
  2. 2 Whether plaintiff is entitled to a refund of GH¢18,196 with interest

Ratio Decidendi

Plaintiff failed to prove expenditure beyond GH¢13,301; no valid lease existed but enforceable oral contract; plaintiff had exclusive possession and failed to negotiate rent; plaintiff not entitled to refund, must pay rent for period of possession.

Court Disposition

judgment for defendants

Orders

  • Plaintiff to pay rent of GH¢24,299.00 to defendants for period of exclusive possession
  • Plaintiff to pay costs of GH¢10,000.00 to defendants