YANKSON VRS DANTE [2024] GHADC 109 (31 January 2024)

Plaintiff failed to discharge the burden of proof as he did not produce a rental agreement, call witnesses, or provide sufficient evidence to establish his claim, despite the defendant's absence.

Citation: YANKSON VRS DANTE [2024] GHADC 109 (31 January 2024)
Parties: Plaintiff: Emmanuel Yankson; Defendant: Hannah Dante
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 31 January 2024
Procedural Posture: Civil / Judgment
Outcome: Suit dismissed
Legal Topics: Burden of Proof, Natural Justice, Waiver of Right to Be Heard, Eviction
Source Language: eng

Landlord and Tenant Civil Procedure Burden of Proof Natural Justice Waiver of Right to Be Heard Eviction

Case Brief

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Parties

Emmanuel Yankson

Plaintiff

Hannah Dante

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff discharged the burden of proof to warrant an order for the defendant to vacate the store
2 Whether the absence of the defendant constitutes a waiver of the right to be heard

Ratio Decidendi

Plaintiff failed to discharge the burden of proof as he did not produce a rental agreement, call witnesses, or provide sufficient evidence to establish his claim, despite the defendant's absence.

Court Disposition

Suit dismissed