QYAYE VRS AKOTO (A9/35/2022) [2024] GHADC 218 (7 June 2024)

QYAYE VRS AKOTO (A9/35/2022) [2024] GHADC 218 (7 June 2024)

The court found that the agreed monthly recoverable rent was Gh₵250.00, that the defendant failed to provide credible evidence of additional expenses or a reduced rent agreement, and that the defendant was in arrears for nearly three years. The court held that the plaintiff was entitled to recover possession and rent arrears, less the admitted painting expense.

Citation
QYAYE VRS AKOTO (A9/35/2022) [2024] GHADC 218 (7 June 2024)
Parties
Plaintiff: Georgibel Ewurama Qyaye; Defendant: Godwin Akoto
Court
ghadc
Jurisdiction
Ghana
Judgment Date
7 June 2024
Procedural Posture
Civil Landlord and Tenant / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Ejectment, Recovery of Possession, Rent Arrears, Burden of Proof
Source Language
eng
Landlord and Tenant Contract Law Ejectment Recovery of Possession Rent Arrears Burden of Proof

Case Brief

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Parties

Georgibel Ewurama Qyaye

Plaintiff

Godwin Akoto

Defendant

Procedural Posture

Civil Landlord and Tenant / Judgment

Legal Issues

  1. 1 Whether the monthly recoverable rent was fixed at Gh₵250.00
  2. 2 Whether the defendant did some work on the apartment in issue
  3. 3 Whether the defendant is in arrears of payment of rent

Ratio Decidendi

The court found that the agreed monthly recoverable rent was Gh₵250.00, that the defendant failed to provide credible evidence of additional expenses or a reduced rent agreement, and that the defendant was in arrears for nearly three years. The court held that the plaintiff was entitled to recover possession and rent arrears, less the admitted painting expense.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to yield vacant possession within two months; plaintiff may apply for writ of possession if not complied.
  • Plaintiff to recover monthly rent of Gh₵250.00 from 1st July, 2021 to 31st August, 2024, less Gh₵588.00 for painting expenses.