Adjei v Akwaley (A11/15/23) [2024] GHADC 708 (7 November 2024)

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

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Parties

Emmanuel Adjei

Plaintiff

Akwaley Cudjo

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the Defendant should be ordered to vacate from the Plaintiff’s premises
  2. 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.