OPPONG VRS. FORDJOUR (A2/164/23) [2023] GHADC 792 (25 October 2023)

OPPONG VRS. FORDJOUR (A2/164/23) [2023] GHADC 792 (25 October 2023)

Plaintiff failed to prove on a balance of probabilities that the defendant was responsible for the unlawful ejectment and resulting property damage, but succeeded in proving entitlement to a refund for water and sanitation bills.

Citation
[2023] GHADC 792
Parties
Plaintiff: Oppong Sylvester; Defendant: Simon Fordjour
Court
District Court
Jurisdiction
Ghana
Judgment Date
25 October 2023
Case Number
A2/164/23
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for compensation for damaged items dismissed; claim for refund of water and sanitation bills allowed.
Legal Topics
Unlawful Ejectment, Damages, Water and Sanitation Bills, Burden of Proof
Source Language
English
Landlord and Tenant Civil Procedure Unlawful Ejectment Damages Water and Sanitation Bills Burden of Proof

Case Brief

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Parties

Oppong Sylvester

Plaintiff

Simon Fordjour

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant ordered the rent officers and police to carry out the ejectment
  2. 2 Whether the plaintiff is entitled to compensation for damaged items and refund of water and sanitation bills

Ratio Decidendi

Plaintiff failed to prove on a balance of probabilities that the defendant was responsible for the unlawful ejectment and resulting property damage, but succeeded in proving entitlement to a refund for water and sanitation bills.

Court Disposition

Plaintiff's claim for compensation for damaged items dismissed; claim for refund of water and sanitation bills allowed.

Orders

  • Defendant to pay plaintiff GHC 840 for water and sanitation bills.
  • Defendant to pay plaintiff GHC 500 as costs.