DEKU VRS UNIQUE HOME AFFAIRS LIMITED (A9/53/20) [2024] GHADC 54 (28 February 2024)

Plaintiff failed to prove fraud or accrued right under original tenancy; the 16th September 2014 tenancy agreement is valid and binding; Defendant complied with statutory requirements for recovery of possession; Plaintiff is liable for ejectment and rent arrears.

Citation: DEKU VRS UNIQUE HOME AFFAIRS LIMITED (A9/53/20) [2024] GHADC 54 (28 February 2024)
Parties: Plaintiff: Prosper Deku; Defendant: Unique Home Affairs Limited
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 28 February 2024
Procedural Posture: Civil / Final Judgment
Outcome: Plaintiff's case dismissed; judgment for Defendant on counterclaim.
Legal Topics: Tenancy Agreement, Fraud Allegation, Recovery of Possession, Rent Arrears, Counterclaim, Burden of Proof
Source Language: eng

Landlord and Tenant Contract Property Law Tenancy Agreement Fraud Allegation Recovery of Possession Rent Arrears Counterclaim +1 more

Case Brief

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Parties

Prosper Deku

Plaintiff

Unique Home Affairs Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether Plaintiff has an accrued right arising from his 20-year tenancy agreement under the agreement between Defendant and Daniel Dakwa
2 Whether the tenancy agreement dated 16th September 2014 is fraudulent
3 Whether Plaintiff is liable to be ejected from the premises

Ratio Decidendi

Court Disposition

Plaintiff's case dismissed; judgment for Defendant on counterclaim.

Orders

Tenancy Agreement dated 16th September 2014 is valid and binding
Defendant granted recovery of possession of shop number 5, House No. C 206/14 Blohum Street, Dzorwulu, Accra