Mensah & Or Vrs Baffoe [2023] GHADC 609 (6 February 2023)

Mensah & Or Vrs Baffoe [2023] GHADC 609 (6 February 2023)

Plaintiffs failed to prove on a balance of probabilities that the land currently occupied by the defendant forms part of their land or that they are entitled to rent arrears; the defendant established she occupies state land with a permit from the municipal assembly, and the tenancy with plaintiffs was determined when she moved her kiosk.

Citation
[2023] GHADC 609
Parties
Plaintiff: John Mensah; Plaintiff: Margaret Anan; Defendant: Comfort Araba Baffoe
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 February 2023
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed
Legal Topics
Nuisance, Recovery of Possession, Rent Arrears, Burden of Proof, Tenancy Forfeiture
Source Language
English
Land Law Landlord and Tenant Civil Procedure Nuisance Recovery of Possession Rent Arrears Burden of Proof Tenancy Forfeiture

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Parties

John Mensah

Plaintiff

Margaret Anan

Plaintiff

Comfort Araba Baffoe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant caused nuisance to the plaintiffs
  2. 2 Whether the plaintiffs are entitled to eject the defendant from the land
  3. 3 Whether the plaintiffs are entitled to rent arrears of GHC 672.00

Ratio Decidendi

Plaintiffs failed to prove on a balance of probabilities that the land currently occupied by the defendant forms part of their land or that they are entitled to rent arrears; the defendant established she occupies state land with a permit from the municipal assembly, and the tenancy with plaintiffs was determined when she moved her kiosk.

Court Disposition

Suit dismissed

Orders

  • Plaintiffs are not entitled to eject defendant from the land she carries on business.
  • Plaintiffs are not entitled to recover the alleged rent of GHC 672.00 from the defendant.