Sallah Vrs Dagba [2023] GHADC 541 (2 March 2023)

Plaintiff failed to prove ownership of the shop and capacity to claim rent arrears; property remains family property of Seshime Sallah's beneficiaries.

Citation: [2023] GHADC 541
Parties: Plaintiff: Emmanuel Senanu Sallah; 1st Defendant: Francis Kwaku Dagba; 2nd Defendant: Paul Ishmael Sallah
Court: District Court
Jurisdiction: Ghana
Judgment Date: 2 March 2023
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's action dismissed; declaration of ownership in favour of Seshime Sallah family; costs awarded against plaintiff.
Legal Topics: Ownership of Property, Tenancy Agreement, Family Property, Rent Arrears, Declaration of Title
Source Language: English

Land Law Landlord and Tenant Succession Ownership of Property Tenancy Agreement Family Property Rent Arrears Declaration of Title

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Emmanuel Senanu Sallah

Plaintiff

Francis Kwaku Dagba

1st Defendant

Paul Ishmael Sallah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff was the owner of the shop in House No. 262 situated in Dzodze
2 Whether the plaintiff had a tenancy agreement with the 1st defendant which breach entitles the plaintiff to his claim
3 Whether the 2nd defendant was entitled to a declaration of title, recovery of possession and perpetual injunction against the plaintiff

Ratio Decidendi

Plaintiff failed to prove ownership of the shop and capacity to claim rent arrears; property remains family property of Seshime Sallah's beneficiaries.

Court Disposition

Plaintiff's action dismissed; declaration of ownership in favour of Seshime Sallah family; costs awarded against plaintiff.

Orders

Plaintiff's reliefs dismissed
Seshime Sallah family declared owners of the property