Kofi Agyekum Vrs Emmanuel Appiah [2022] GHACC 246 (3 October 2022)

Kofi Agyekum Vrs Emmanuel Appiah [2022] GHACC 246 (3 October 2022)

The defendant, having been duly served and failing to enter appearance, is liable to judgment in default, entitling the plaintiff to the reliefs sought including eviction, injunction, arrears, and costs.

Citation
[2022] GHACC 246
Parties
Plaintiff/applicant: Kofi Agyekum; Defendant: Emmanuel Appiah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 October 2022
Procedural Posture
Civil / Judgment in Default of Appearance
Outcome
Judgment for Plaintiff in default of appearance
Legal Topics
Eviction, Injunction, Rent Arrears, Default Judgment
Source Language
English
Land Law Landlord and Tenant Eviction Injunction Rent Arrears Default Judgment

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Parties

Kofi Agyekum

Plaintiff/applicant

Emmanuel Appiah

Defendant

Procedural Posture

Civil / Judgment in Default of Appearance

Legal Issues

  1. 1 Whether the defendant, having been duly served, failed to enter appearance and is liable to default judgment
  2. 2 Whether the plaintiff is entitled to the reliefs endorsed on the writ including eviction, injunction, and payment of arrears

Ratio Decidendi

The defendant, having been duly served and failing to enter appearance, is liable to judgment in default, entitling the plaintiff to the reliefs sought including eviction, injunction, arrears, and costs.

Court Disposition

Judgment for Plaintiff in default of appearance

Orders

  • Defendant to vacate premises at Kwame Asante Avenue West land Legon, Accra
  • Defendant perpetually injuncted from re-entering premises except with plaintiff's consent