ANSAH VRS ACQUAH (A9/ 52/2020) [2023] GHADC 1170 (7 February 2023)

ANSAH VRS ACQUAH (A9/ 52/2020) [2023] GHADC 1170 (7 February 2023)

Plaintiff established on the balance of probabilities that she was allocated the subject matter store by the STMA as a tenant and is entitled to possession. Defendant's claim of purchase from Atta Kobina is untenable as Atta Kobina had no title to transfer. Plaintiff is not entitled to rent arrears as defendant was a licensee, not a tenant, and no evidence of rent agreement or arrears was provided.

Citation
ANSAH VRS ACQUAH (A9/ 52/2020) [2023] GHADC 1170 (7 February 2023)
Parties
Plaintiff: Rebecca Ansah; Defendant: J.C Acquah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
7 February 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for possession granted; claim for rent arrears dismissed.
Legal Topics
Tenancy, Licensee Vs Tenant Rights, Burden of Proof, Capacity to Sue, Eviction
Source Language
eng
Land Law Landlord and Tenant Law Tenancy Licensee Vs Tenant Rights Burden of Proof Capacity to Sue Eviction

Case Brief

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Parties

Rebecca Ansah

Plaintiff

J.C Acquah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to eject the defendant from the subject matter store and to give vacant possession of same
  2. 2 Whether the plaintiff is entitled to receive rent arrears from March 2012 to date of final payment

Ratio Decidendi

Plaintiff established on the balance of probabilities that she was allocated the subject matter store by the STMA as a tenant and is entitled to possession. Defendant's claim of purchase from Atta Kobina is untenable as Atta Kobina had no title to transfer. Plaintiff is not entitled to rent arrears as defendant was a licensee, not a tenant, and no evidence of rent agreement or arrears was provided.

Court Disposition

Plaintiff's claim for possession granted; claim for rent arrears dismissed.

Orders

  • Defendant to vacate Store No. R92 Collins Avenue, Takoradi and give vacant possession to plaintiff by April 30, 2024.
  • Cost of GHC 2,000.00 awarded to plaintiff.