Madam Charity Ayee Vrs Dickson Dei Asare & Anor [2023] GHACC 148 (25 January 2023)

Madam Charity Ayee Vrs Dickson Dei Asare & Anor [2023] GHACC 148 (25 January 2023)

The plaintiff is not the owner but a tenant in possession, as the 1st defendant, being a tenant, could only assign his tenancy interest, not ownership, to the plaintiff. The plaintiff has performed acts of possession and paid all rates, thus the 2nd defendant must amend its records to reflect the plaintiff as tenant.

Citation
[2023] GHACC 148
Parties
Plaintiff: Madam Charity Ayee; 1st Defendant: Mr. Dickson Dei Asare; 2nd Defendant: TDC Development Co. Ltd.
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 January 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff in part
Legal Topics
Tenancy Assignment, Declaration of Interest, Transfer of Tenancy, Burden of Proof
Source Language
English
Property Law Landlord and Tenant Tenancy Assignment Declaration of Interest Transfer of Tenancy Burden of Proof

Case Brief

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Parties

Madam Charity Ayee

Plaintiff

Mr. Dickson Dei Asare

1st Defendant

TDC Development Co. Ltd.

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether in the year 1980 the 1st defendant voluntarily vacated house number AX 41 Community 7 Tema in favour of the plaintiff after receiving a token money and left Tema for good
  2. 2 Whether the plaintiff is the owner of house number AX 41 Community 7, Tema
  3. 3 Whether an order should be made by the court directed at the 2nd defendant to effect transfer of house number AX 41 Community 7, Tema into the Plaintiff’s name

Ratio Decidendi

The plaintiff is not the owner but a tenant in possession, as the 1st defendant, being a tenant, could only assign his tenancy interest, not ownership, to the plaintiff. The plaintiff has performed acts of possession and paid all rates, thus the 2nd defendant must amend its records to reflect the plaintiff as tenant.

Court Disposition

judgment for the plaintiff in part

Orders

  • Declaration that the plaintiff is the tenant in possession of house number AX 41 Community 7, Tema
  • Order directed at the 2nd defendant to transfer the tenancy of the property in dispute into the name of the plaintiff and amend its records