OPOKU VRS ABENA [2023] GHADC 1196 (3 October 2023)

OPOKU VRS ABENA [2023] GHADC 1196 (3 October 2023)

The plaintiff proved his case on a balance of probabilities by showing he lawfully purchased the house at auction and the defendant, despite due service, failed to contest. The court found no defence and ordered vacant possession to be given to the plaintiff.

Citation
[2023] GHADC 1196
Parties
Plaintiff: Eric Opoku; Defendant: Abena Comfort
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 October 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Ejection, Auction Sale, Default Judgment
Source Language
English
Property Law Civil Procedure Ejection Auction Sale Default Judgment

Case Brief

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Parties

Eric Opoku

Plaintiff

Abena Comfort

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order of ejection against the defendant
  2. 2 Legal effect of defendant's failure to appear and defend the suit

Ratio Decidendi

The plaintiff proved his case on a balance of probabilities by showing he lawfully purchased the house at auction and the defendant, despite due service, failed to contest. The court found no defence and ordered vacant possession to be given to the plaintiff.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to give vacant possession of the house to the plaintiff
  • Plaintiff awarded costs assessed at GH¢1,000.00