Nyarko v Sarpong (G/WJ/A9/20/2023) [2025] GHADC 189 (16 April 2025)

Nyarko v Sarpong (G/WJ/A9/20/2023) [2025] GHADC 189 (16 April 2025)

Plaintiff proved entitlement to repossess the property as defendant was a bare licensee with no proprietary interest and was given reasonable notice. Defendant failed to prove her counterclaim with credible evidence or corroboration, and her evidence was contradictory and unsupported.

Citation
[2025] GHADC 189
Parties
Plaintiff: Patrick Ofori Nyarko; Defendant: Victoria Akua Sarpong
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 April 2025
Case Number
G/WJ/A9/20/2023
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff; defendant's counterclaim dismissed
Legal Topics
Ejectment, Counterclaim, Burden of Proof, Licence to Occupy Property
Source Language
English
Property Law Civil Procedure Ejectment Counterclaim Burden of Proof Licence to Occupy Property

Case Brief

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Parties

Patrick Ofori Nyarko

Plaintiff

Victoria Akua Sarpong

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to an ejectment order against the defendant
  2. 2 Whether defendant is entitled to her counterclaim for compensation, payment under terms of settlement, value of abandoned kitchen utensils, and engagement fee for sales

Ratio Decidendi

Plaintiff proved entitlement to repossess the property as defendant was a bare licensee with no proprietary interest and was given reasonable notice. Defendant failed to prove her counterclaim with credible evidence or corroboration, and her evidence was contradictory and unsupported.

Court Disposition

judgment for plaintiff; defendant's counterclaim dismissed

Orders

  • Defendant to vacate the property and yield up vacant possession to plaintiff by 30th June 2025
  • Costs of GHC20,000.00 awarded to plaintiff against defendant