KOOMSON AND ANOTHER VRS. DUKU (G/WJ/DG/A2/61/2023) [2025] GHADC 4 (15 January 2025)

The court found that the defendant was a tenant of the plaintiffs, the tenancy expired in June 2022, and the defendant failed to pay rent or return the keys. Plaintiffs proved their claim on a balance of probabilities, entitling them to recovery of rent, eviction, and costs.

Citation: [2025] GHADC 4
Parties: Plaintiff: Sarah Koomson; Plaintiff: Solomon Koomson; Defendant: Benjamin Duku
Court: District Court
Jurisdiction: Ghana
Judgment Date: 15 January 2025
Case Number: G/WJ/DG/A2/61/2023
Procedural Posture: Civil / Judgment
Outcome: judgment for the plaintiffs
Legal Topics: Recovery of Rent, Eviction, Burden of Proof, Counterclaim, Evidence
Source Language: English

Landlord and Tenant Civil Procedure Recovery of Rent Eviction Burden of Proof Counterclaim Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Sarah Koomson

Plaintiff

Solomon Koomson

Plaintiff

Benjamin Duku

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defendant is a tenant of the plaintiffs and the duration of the tenancy
2 Whether plaintiffs are entitled to recover GHC1,500.00 from the defendant as rent owed since July 2022
3 Whether plaintiffs are entitled to eject the defendant from the shop

Ratio Decidendi

Court Disposition

judgment for the plaintiffs

Orders

Defendant to vacate and yield up vacant possession to plaintiffs for non-payment of rent pursuant to section 17(1) of the Rent Act 1963, Act 220.
Defendant to pay rent from July 2022 to the date of judgment at GHC200.00 per month.