Adjei v Akwaley (A11/15/23) [2024] GHADC 708 (7 November 2024)
The Plaintiff proved on a preponderance of probabilities that the marriage was customarily dissolved, compensation was paid, and the Defendant has no right to remain in the property. The Defendant failed to prove entitlement to her reliefs or counterclaims.
- Citation
- [2024] GHADC 708
- Parties
- Plaintiff: Emmanuel Adjei; Defendant: Akwaley Cudjo
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 7 November 2024
- Case Number
- A11/15/23
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiff's claim allowed; Defendant's counterclaim dismissed.
- Legal Topics
- Ejectment, Recovery of Possession, Customary Divorce, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel Adjei
Plaintiff
Akwaley Cudjo
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Defendant should be ordered to vacate from the Plaintiff’s premises
- 2 Whether the Defendant is entitled to her reliefs
Ratio Decidendi
The Plaintiff proved on a preponderance of probabilities that the marriage was customarily dissolved, compensation was paid, and the Defendant has no right to remain in the property. The Defendant failed to prove entitlement to her reliefs or counterclaims.
Court Disposition
Plaintiff's claim allowed; Defendant's counterclaim dismissed.
Orders
- Defendant to move out of the Plaintiff’s apartment within three weeks from the date of judgment.
- Plaintiff granted possession of the room occupied by Defendant.
Full Case Text
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