Kaitah Vrs Husseini [2022] GHADC 351 (12 October 2022)

Kaitah Vrs Husseini [2022] GHADC 351 (12 October 2022)

Plaintiff proved defendant was a tenant who failed to pay rent after 2015 and unlawfully occupied additional rooms; defendant failed to prove purchase of the house or land beyond the admitted land transaction; plaintiff entitled to recover rent and possession, defendant's counterclaim dismissed.

Citation
[2022] GHADC 351
Parties
Plaintiff: Mamah Kaitah; Defendant: Husseini
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 October 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff; counterclaim dismissed.
Legal Topics
Eviction, Recovery of Rent, Counterclaim for Title, Burden of Proof
Source Language
English
Land Law Landlord and Tenant Law Eviction Recovery of Rent Counterclaim for Title Burden of Proof

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Parties

Mamah Kaitah

Plaintiff

Husseini

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to recover rent from April 2015 to date from the defendant
  2. 2 Whether the plaintiff is entitled to an eviction order against the defendant
  3. 3 Whether the defendant is entitled to the property at No. 8 3rd lane Awoshie off Onyinase in Accra with a six bedroom house thereon

Ratio Decidendi

Plaintiff proved defendant was a tenant who failed to pay rent after 2015 and unlawfully occupied additional rooms; defendant failed to prove purchase of the house or land beyond the admitted land transaction; plaintiff entitled to recover rent and possession, defendant's counterclaim dismissed.

Court Disposition

Judgment for plaintiff; counterclaim dismissed.

Orders

  • Defendant to pay rent for two rooms at GHC1,250.00 per room from 2015 to date of full and final payment.
  • Defendant to yield up vacant possession and vacate plaintiff's property on or before 31st October 2022.