Vanderpure Vrs Oti [2023] GHADC 258 (18 May 2023)

Vanderpure Vrs Oti [2023] GHADC 258 (18 May 2023)

Defendant, having continued to occupy the premises for two months after expiry of the tenancy and having failed to notify the plaintiff of his intention to vacate, is liable to pay rent for that period despite the apartment’s defects, as he was aware of them and accepted the tenancy.

Citation
[2023] GHADC 258
Parties
Plaintiff: Evelyn Vanderpure; Defendant: Mr. Oti
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 May 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Tenancy, Rent Arrears, Notice of Termination, Statutory Tenancy
Source Language
English
Landlord and Tenant Contract Tenancy Rent Arrears Notice of Termination Statutory Tenancy

Case Brief

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Parties

Evelyn Vanderpure

Plaintiff

Mr. Oti

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plaintiff’s notice of expiration of tenancy to defendant was made timeously
  2. 2 Whether plaintiff is entitled to recover two months’ rent from the defendant

Ratio Decidendi

Defendant, having continued to occupy the premises for two months after expiry of the tenancy and having failed to notify the plaintiff of his intention to vacate, is liable to pay rent for that period despite the apartment’s defects, as he was aware of them and accepted the tenancy.

Court Disposition

judgment for plaintiff in part

Orders

  • Defendant to pay GHC500.00 as two months’ rent arrears to plaintiff
  • Defendant to pay GHC300.00 as costs to plaintiff