JOHN COATES VRS SILAS BERVEL (C2/05/2022) [2022] GHACC 362 (30 August 2022)

JOHN COATES VRS SILAS BERVEL (C2/05/2022) [2022] GHACC 362 (30 August 2022)

The defendant failed to contest the plaintiff's evidence or comply with court orders, and the plaintiff proved on a balance of probabilities that the defendant owed rent, breached the tenancy agreement, and the premises were required for personal use. The plaintiff is entitled to all reliefs claimed, including arrears, possession, and costs.

Citation
[2022] GHACC 362
Parties
Plaintiff: John Coates; Defendant: Silas Bervel
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 August 2022
Case Number
C2/05/2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Tenancy Agreement, Rent Arrears, Recovery of Possession, Breach of Contract, Default Judgment
Source Language
English
Landlord and Tenant Contract Tenancy Agreement Rent Arrears Recovery of Possession Breach of Contract Default Judgment

Case Brief

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Parties

John Coates

Plaintiff

Silas Bervel

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant owes the plaintiff US$8,000 as outstanding rent for October 2019 to October 2020
  2. 2 Whether the defendant defaulted in payment of rent from 8th October 2020 to date
  3. 3 Whether the plaintiff is entitled to re-enter the property for personal use

Ratio Decidendi

The defendant failed to contest the plaintiff's evidence or comply with court orders, and the plaintiff proved on a balance of probabilities that the defendant owed rent, breached the tenancy agreement, and the premises were required for personal use. The plaintiff is entitled to all reliefs claimed, including arrears, possession, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay US$8,000 as outstanding rent for October 2019 to October 2020
  • Defendant to pay US$18,000 as outstanding rent for October 2020 to October 2021