ANANE VRS JOHNSON (A9/12/24) [2024] GHADC 181 (30 May 2024)

ANANE VRS JOHNSON (A9/12/24) [2024] GHADC 181 (30 May 2024)

There is no evidence of nuisance by the defendant. The landlord/tenant relationship ended upon refund of rent advance. Defendant's continued occupation after expiry of grace period constitutes trespass. Defendant is granted a further one-month grace period to vacate.

Citation
ANANE VRS JOHNSON (A9/12/24) [2024] GHADC 181 (30 May 2024)
Parties
Plaintiff: Francis Anane; Plaintiff: Mary Agyei; Defendant: Shayo Johnson
Court
ghadc
Jurisdiction
Ghana
Judgment Date
30 May 2024
Procedural Posture
Referral From Rent Control for Enforcement of Decision / Judgment
Outcome
Defendant granted one-month grace period to vacate premises; no order as to costs.
Legal Topics
Ejectment, Recovery of Possession, Refund of Rent Advance, Nuisance
Source Language
eng
Landlord and Tenant Civil Procedure Ejectment Recovery of Possession Refund of Rent Advance Nuisance

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Parties

Francis Anane

Plaintiff

Mary Agyei

Plaintiff

Shayo Johnson

Defendant

Procedural Posture

Referral From Rent Control for Enforcement of Decision / Judgment

Legal Issues

  1. 1 Whether the defendant is liable to be ejected after refund of rent advance and expiry of grace period
  2. 2 Whether there is evidence of nuisance justifying ejectment

Ratio Decidendi

There is no evidence of nuisance by the defendant. The landlord/tenant relationship ended upon refund of rent advance. Defendant's continued occupation after expiry of grace period constitutes trespass. Defendant is granted a further one-month grace period to vacate.

Court Disposition

Defendant granted one-month grace period to vacate premises; no order as to costs.

Orders

  • Defendant to yield vacant possession to plaintiffs within one month from date of judgment
  • No order as to costs