Sambare v Boakye (A9/29/24) [2025] GHADC 135 (19 May 2025)

Sambare v Boakye (A9/29/24) [2025] GHADC 135 (19 May 2025)

Plaintiff proved ownership of the property and Defendant's status as tenant on the balance of probabilities. Defendant's denial of Plaintiff's title and lack of credible evidence or corroboration led to forfeiture of his tenancy. Plaintiff is entitled to ejectment but not to rent arrears for the entire period...

Source-derived case information.

Citation
[2025] GHADC 135
Parties
Plaintiff: Mohammed Sambare; Defendant: Daniel Boakye
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 May 2025
Case Number
A9/29/24
Procedural Posture
Landlord and Tenant / Rent Recovery / Judgment
Outcome
Plaintiff's claim for ejectment and costs granted; claim for rent arrears refused.
Legal Topics
Ownership of Land, Tenancy, Eviction, Burden of Proof, Forfeiture of Tenancy
Source Language
english
Land Law Landlord and Tenant Law Civil Procedure Ownership of Land Tenancy Eviction Burden of Proof Forfeiture of Tenancy

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Summary, issues, holding and outcome

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Parties

Mohammed Sambare

Plaintiff

Daniel Boakye

Defendant

Procedural Posture

Landlord and Tenant / Rent Recovery / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the owner of H/No. E322/16 Mamobi
  2. 2 Whether the Defendant is a tenant of the Plaintiff
  3. 3 Whether Plaintiff is entitled to rent arrears and/or ejectment

Ratio Decidendi

Plaintiff proved ownership of the property and Defendant's status as tenant on the balance of probabilities. Defendant's denial of Plaintiff's title and lack of credible evidence or corroboration led to forfeiture of his tenancy. Plaintiff is entitled to ejectment but not to rent arrears for the entire period claimed due to insufficient proof.

Court Disposition

Plaintiff's claim for ejectment and costs granted; claim for rent arrears refused.

Orders

  • Defendant to vacate H/No. E322/16 Mamobi by 19th June, 2025; Plaintiff may execute eviction from 20th June, 2025.
  • Plaintiff awarded costs of GHC 3,000.