Opoku Amponsah Vrs Estate Of Nii Alarbi Petenpeh [2023] GHACC 498 (31 March 2023)
- Citation
- [2023] GHACC 498
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- Circuit Court
- Posture
- Civil / Judgment
- Language
- English
More details
- Court
- Circuit Court
- Posture
- Civil / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Plaintiff is entitled to possession of the property as the application is unopposed and supported by affidavit and documents filed. The Defendant's properties in the house are to be sold by judicial auction to settle outstanding liabilities.
Court disposition
Application granted. Judgment for Plaintiff.
Orders
- Plaintiff granted possession of House No. 4 Oduraa Homes Saasabi Oyibi.
- Defendant ordered to grant vacant possession forthwith.
- Defendant's properties in the house to be sold by judicial auction after valuation; proceeds to defray outstanding rent arrears, utility bills, and repair costs.
- Cost of GH₵3,000.00 awarded to Plaintiff.
02
Material facts
Parties
Opoku Amponsah
Plaintiff/applicantEstate of Nii Alarbi Petenpeh represented by Nii Otiaku Bortier, Joseph Bortier Aneyamumey, Sandra Mom Botwe
Defendant/respondentAmounts and remedies
- Cost Awarded to Plaintiff: GHS 3,000
03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Plaintiff is entitled to possession of House No. 4 Oduraa Homes Saasabi Oyibi
- 02
Whether the Defendant's properties in the house should be sold to defray outstanding rent arrears, utility bills, and repair costs
Party arguments
- Applicant
- Plaintiff prayed for possession of the property and relied on all documents filed, including the supporting affidavit.
- Respondent
- Respondent was absent and did not present arguments.
05
Court’s reasoning
Legal principles
- 01
Order 10 Rule 4 (1) of C.I 47 as amended
Court may grant judgment where a party fails to respond and the application is supported by affidavit and documents filed.
06
Ratio, limits and disposition
Ratio decidendi
The Plaintiff is entitled to possession of the property as the application is unopposed and supported by affidavit and documents filed. The Defendant's properties in the house are to be sold by judicial auction to settle outstanding liabilities.
Court disposition
Application granted. Judgment for Plaintiff.
- Plaintiff granted possession of House No. 4 Oduraa Homes Saasabi Oyibi.
- Defendant ordered to grant vacant possession forthwith.
- Defendant's properties in the house to be sold by judicial auction after valuation; proceeds to defray outstanding rent arrears, utility bills, and repair costs.
- Cost of GH₵3,000.00 awarded to Plaintiff.
Source and reliance status
Circuit Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Circuit Court
Judgment
IN THE CIRCUIT COURT ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 31ST DAY OF MARCH, 2023 SUIT NO. C4/003/2023
OPOKU AMPONSAH PLAINTIFF NO. 9 SAMORA MACHEL ST. ASYLUM DOWN - ACCRA VS.
ESTATE OF NII ALARBI PETENPEH NO. J96/3 NUNGUA GBORGBU KONAA REPRESENTED BY: 1. NII OTIAKU BORTIER DEFENDANTS 2. JOSEPH BORTIER ANEYAMUMEY 3. SANDRA MOM BOTWE Plaintiff/Applicant Present (Pro Se) Defendant/Respondent Absent Plaintiff/Applicant: I pray per the motion paper and supporting Affidavit. I rely on all documents filed in this suit. By Court – Judgment: The court per order 10 Rule 4 (1) of C. I 47 as amended and after considering the Affidavit in Support of the Motion as well as all other processes filed in this suit deems it fit to grant the Application. The Application is thus granted. Order is made granting to Plaintiff possession of House No. 4 Oduraa Homes Saasabi Oyibi. Court orders the Defendant to grant vacant possession of same to the Plaintiff forthwith. Further orders; (1) Order is hereby made for all Defendant’s properties in the above mentioned house to be sold by Judicial auction sale after valuation and the proceeds of said Judicial sale be used to defray all outstanding rent arrears, utility bill and cost of putting the house in question back into tenantable condition. (2) Cost of GH₵3,000.00 is awarded in favour of the Plaintiff. (SGD) H/H SEDINAM A. BALOKAH (MS). CIRCUIT JUDGE. Comfy*
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