Opoku Amponsah Vrs Estate Of Nii Alarbi Petenpeh [2023] GHACC 498 (31 March 2023)

Opoku Amponsah Vrs Estate Of Nii Alarbi Petenpeh [2023] GHACC 498 (31 March 2023)

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.

Citation
[2023] GHACC 498
Parties
Plaintiff/applicant: Opoku Amponsah; Defendant/respondent: Estate of Nii Alarbi Petenpeh represented by Nii Otiaku Bortier, Joseph Bortier Aneyamumey, Sandra Mom Botwe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 March 2023
Procedural Posture
Civil / Judgment
Outcome
Application granted. Judgment for Plaintiff.
Legal Topics
Possession, Judicial Sale, Rent Arrears, Vacant Possession
Source Language
English
Property Law Civil Procedure Possession Judicial Sale Rent Arrears Vacant Possession

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Parties

Opoku Amponsah

Plaintiff/applicant

Estate of Nii Alarbi Petenpeh represented by Nii Otiaku Bortier, Joseph Bortier Aneyamumey, Sandra Mom Botwe

Defendant/respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to possession of House No. 4 Oduraa Homes Saasabi Oyibi
  2. 2 Whether the Defendant's properties in the house should be sold to defray outstanding rent arrears, utility bills, and repair costs

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.

Orders

  • Plaintiff granted possession of House No. 4 Oduraa Homes Saasabi Oyibi.
  • Defendant ordered to grant vacant possession forthwith.