Darko v Atala Limited (GJ/1086/2022) [2025] GHAHC 120 (28 February 2025)

Darko v Atala Limited (GJ/1086/2022) [2025] GHAHC 120 (28 February 2025)

Plaintiff failed to prove, on the balance of probabilities, that he obtained a 20-year lease extension from Augustine Addai. His evidence was inconsistent, uncorroborated, and contradicted by the alleged lessor. The only credible finding is that the plaintiff's lease expired in June 2005 and he has no subsisting interest in the property.

Citation
[2025] GHAHC 120
Parties
Plaintiff: E. O. Darko; Defendant: Atala Limited
Court
High Court
Jurisdiction
Ghana
Judgment Date
28 February 2025
Case Number
GJ/1086/2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Leasehold Interests, Equitable Interests, Eviction, Burden of Proof, Evidence, Failure to Call Material Witness
Source Language
English
Land Law Landlord and Tenant Leasehold Interests Equitable Interests Eviction Burden of Proof Evidence Failure to Call Material Witness

Case Brief

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Parties

E. O. Darko

Plaintiff

Atala Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the interest acquired by defendant in the property is subject to the equitable right of Plaintiff in the property which extends to 2025
  2. 2 Whether plaintiff has a subsisting lease which expires in 2025
  3. 3 Whether plaintiff’s lease ended in June 2005

Ratio Decidendi

Plaintiff failed to prove, on the balance of probabilities, that he obtained a 20-year lease extension from Augustine Addai. His evidence was inconsistent, uncorroborated, and contradicted by the alleged lessor. The only credible finding is that the plaintiff's lease expired in June 2005 and he has no subsisting interest in the property.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim is dismissed
  • Costs of Ghs10,000.00 awarded to Defendant