KAITAH VRS. HUSSEINI (G/WJ/DG/A9/94/2019) [2022] GHADC 406 (12 October 2022)

KAITAH VRS. HUSSEINI (G/WJ/DG/A9/94/2019) [2022] GHADC 406 (12 October 2022)

The plaintiff proved on a balance of probabilities that the defendant was a tenant who failed to pay rent from 2015 and unlawfully occupied two rooms. The defendant failed to prove his counterclaim for ownership of the property, as his evidence was inconsistent and lacked corroboration. The plaintiff is entitled to recover rent and possession; the defendant's counterclaim is dismissed.

Citation
[2022] GHADC 406
Parties
Plaintiff: Mamah Kaitah; Defendant: Husseini
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 October 2022
Case Number
G/WJ/DG/A9/94/2019
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff; defendant's counterclaim dismissed.
Legal Topics
Eviction, Recovery of Rent, Counterclaim for Land Ownership, Burden of Proof
Source Language
English
Land Law Landlord and Tenant Law Eviction Recovery of Rent Counterclaim for Land Ownership Burden of Proof

Case Brief

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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 land and six-bedroom house as counterclaimed

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant was a tenant who failed to pay rent from 2015 and unlawfully occupied two rooms. The defendant failed to prove his counterclaim for ownership of the property, as his evidence was inconsistent and lacked corroboration. The plaintiff is entitled to recover rent and possession; the defendant's counterclaim is dismissed.

Court Disposition

Judgment for the plaintiff; defendant's counterclaim dismissed.

Orders

  • Plaintiff entitled to recover rent for two rooms at GHC1,250.00 per room from 2015 to date of full payment.
  • Plaintiff entitled to recover possession; defendant to vacate property by 31st October 2022.