NEEQUAYE VRS. DIMITRI (GTNDC/A9/33/22) [2023] GHADC 1086 (3 August 2023)

NEEQUAYE VRS. DIMITRI (GTNDC/A9/33/22) [2023] GHADC 1086 (3 August 2023)

The respondent is entitled to exhaust her rent to the full as the applicant delayed refund and failed to challenge respondent's evidence. No sufficient evidence was adduced to prove nuisance or landlord's need for personal use. The recommendations of the Rent Officer are dismissed for breach of rules of evidence and natural justice.

Citation
[2023] GHADC 1086
Parties
Plaintiff: Grace Naa Dei Neequaye; Defendant: Dare Dimitri
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 August 2023
Case Number
GTNDC/A9/33/22
Procedural Posture
Civil Rent Dispute / Judgment
Outcome
recommendations of Rent Officer dismissed; respondent to remain until rent expires, with one month extension at old rate; no order as to costs
Legal Topics
Ejectment, Refund of Rent, Nuisance, Natural Justice
Source Language
English
Landlord and Tenant Contract Law Ejectment Refund of Rent Nuisance Natural Justice

Case Brief

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Parties

Grace Naa Dei Neequaye

Plaintiff

Dare Dimitri

Defendant

Procedural Posture

Civil Rent Dispute / Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to a refund of unutilized rent and/or ejectment from the premises
  2. 2 Whether the respondent was guilty of nuisance justifying ejectment
  3. 3 Whether the landlord is entitled to recover possession for personal use

Ratio Decidendi

The respondent is entitled to exhaust her rent to the full as the applicant delayed refund and failed to challenge respondent's evidence. No sufficient evidence was adduced to prove nuisance or landlord's need for personal use. The recommendations of the Rent Officer are dismissed for breach of rules of evidence and natural justice.

Court Disposition

recommendations of Rent Officer dismissed; respondent to remain until rent expires, with one month extension at old rate; no order as to costs

Orders

  • Respondent entitled to quiet possession until 30th July 2023
  • Respondent granted one month extension after 30th July 2023 at old rent rate