Adams Vrs Mensah [2023] GHADC 359 (11 July 2023)
- Citation
- [2023] GHADC 359
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- District Court
- Posture
- Civil / Judgment
- Language
- English
More details
- Court
- District Court
- Posture
- Civil / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant admitted liability for rent arrears and agreed to vacate the premises; therefore, judgment is entered for the plaintiff for ejectment, recovery of all outstanding rent, and payment of utility bills.
Court disposition
Judgment for the plaintiff
Orders
- Defendant to vacate the plaintiff’s single room within 30 days
- Defendant to pay all recoverable rent arrears
- Defendant to pay all light bills from the date of action to the date of vacating
- Defendant to pay costs of GH¢300.00
02
Material facts
Parties
Kasim Adams
PlaintiffMohammed Mensah
DefendantAmounts and remedies
- Outstanding Rent Arrears: GHS 540
- Costs Awarded: GHS 300
03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether the defendant should be ejected from the plaintiff’s premises
- 02
Whether the defendant is liable for outstanding rent arrears and utility bills
Party arguments
- Applicant
- The defendant rented a single room from the plaintiff, defaulted in paying rent, and failed to comply with the Rent Control Department's order to pay arrears and vacate the premises.
- Respondent
- The defendant admitted liability for the rent arrears and agreed to vacate the premises upon conclusion of the case.
05
Court’s reasoning
Legal principles
- 01
Ruling of the Asamankese Rent Officer, Exhibit ‘A’
A tenant who fails to comply with a Rent Control Department order to pay arrears and vacate premises is liable to be ejected and to pay all recoverable rent and utility bills.
06
Ratio, limits and disposition
Ratio decidendi
The defendant admitted liability for rent arrears and agreed to vacate the premises; therefore, judgment is entered for the plaintiff for ejectment, recovery of all outstanding rent, and payment of utility bills.
Court disposition
Judgment for the plaintiff
- Defendant to vacate the plaintiff’s single room within 30 days
- Defendant to pay all recoverable rent arrears
- Defendant to pay all light bills from the date of action to the date of vacating
- Defendant to pay costs of GH¢300.00
Source and reliance status
District Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
District Court
Judgment
IN THE DISTRICT COURT SITTING AT ASAMANKESE ON THE 11TH DAY OF JULY, 2023 BEFORE HIS WORSHIP GEORGE DAVIS KWASI OFORI (MR) – DISTRICT MAGISTRATE SUIT No:A9/3/23
KASIM ADAMS ………..
PLAINTIFF VRS.
MOHAMMED MENSAH ………..
DEFENDANT
J U D G M E N T CLAIM: A) An order to eject the defendant from the plaintiff’s single room at Estate, Asamankese. b) Enforcement of arbitrate from Rent Control Department, ordering the defendant to pay on outstanding rent arrears of GH¢540.00 or Recovery of Rent arrears of Gh¢540.00. c) Costs. SUMMARY OF PLAINTIFF’S EVIDENCE: It is his case that the defendant rented a single room from him and defaulted in paying rent, which rent arrears accumulated to GH¢1,680.00. That he reported the matter to the Rent Control Department who ordered the defendant to pay the rent arrears of Gh¢1,680.00 and also vacate the room but the defendant, after paying Gh¢1,440.00 refused to pay the balance of Gh¢540.00 and also vacate the room, hence this action, praying for the reliefs endorsed on his writ of summons. The plaintiff did not call any witness but tendered in evidence the Ruling of the Asamankese Rent Officer, Exhibit ‘A’. SUMMARY OF DEFENDANT’S EVIDENCE He admitted liability to the 2nd claim and consent judgment entered against him which he has since paid with costs of Gh¢100.00. At paragraph 13 of his witness statement, the defendant stated that I agree to vacate the plaintiff’s premises when this matter comes to an end at this Honourable Court. This was after he had initially pleaded not liable to claim a) where the plaintiff asked for his ejectment. In view of the defendant’s own
evidence at paragraph 13 of his witness statement, I would not go further to discuss any issues, but straight away enter judgment for the plaintiff. The defendant is hereby given 30 days to vacate the plaintiff’s single room, but ordered to pay all rent that is recoverable, and all light bill from the date this action was taken to the date that he would vacate the plaintiff’s house. Costs of Gh¢300.00 awarded against the defendant. 11/7/23 (SGD) H/W GEORGE DAVIS K. OFIRI (MAGISTRATE) 2
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