Novisi Esi Kwame Vrs Raymond Mensah Padi [2023] GHACC 223 (19 June 2023)
Plaintiff is entitled to judgment as defendant failed to enter appearance or file a defense after being served with the writ.
Source-derived case information.
- Citation
- [2023] GHACC 223
- Parties
- Plaintiff: Novisi Esi Kwame; Defendant: Raymond Mensah Padi
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Procedural Posture
- Civil / Judgment in Default of Defense
- Outcome
- judgment for plaintiff in default of defense
- Legal Topics
- Recovery of Possession, Rent Arrears, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Novisi Esi Kwame
Plaintiff
Raymond Mensah Padi
Defendant
Procedural Posture
Civil / Judgment in Default of Defense
Legal Issues
- 1 Whether the plaintiff is entitled to recovery of possession of the premises
- 2 Whether the plaintiff is entitled to rent arrears and costs due to defendant's default
Ratio Decidendi
Plaintiff is entitled to judgment as defendant failed to enter appearance or file a defense after being served with the writ.
Court Disposition
judgment for plaintiff in default of defense
Orders
- Plaintiff to recover possession of the premises occupied by defendant on or after 19th July 2023
- Order for expert to conduct inspection and valuation of work done on the property by defendant as directed by AESL
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT ’1’ ADENTAN BEFORE HER HONOUR ANGELA ATTACHIE ON MONDAY THE 19TH DAY OF JUNE 2023 SUIT NO. C4/004/2023 NOVISI ESI KWAME PLAINTIFF VRS RAYMOND MENSAH PADI DEFENDANT Time: 9:26am Parties present Nathan Yarney for the plaintiff applicant By Court Counsel for the plaintiff moves the court for judgment in default of defense. Defendant was served with the writ on 8th march 2023 but till date has neither entered appearance or filed a defense. By Court Judgment entered for the plaintiff for the following; a. For the plaintiff to recover the possession of the premises occupied by the defendant on or after 19th of July 2023. b. An order is hereby made for an expect to conduct inspection and valuation of the work done on the property by the defendants on order from AESL. c. Plaintiff to recover Twenty Eight Thousand Eight Hundred Ghana Cedis (GH¢28,800.00) being rent arrears form September 2020 to august 2022. d. Recovery of rent of One Thousand Two Hundred Ghana Cedis (GH¢1,000.00) form September 2022 to date, 19th June 2023. e. Defendant to settle outstanding utility bills upon vacation of the building. f. Cost of Five Thousand Ghana Cedis (GH¢5,000.00). H/H ANGELA ATTACHIE CIRCUIT COURT JUDGE