Koomson and Another v Duku (G/WJ/DG/A2/61/2023) [2025] GHADC 193 (15 January 2025)

Koomson and Another v Duku (G/WJ/DG/A2/61/2023) [2025] GHADC 193 (15 January 2025)

The court found that the defendant was a tenant of the plaintiffs for a three-year period commencing 1st June 2019, that the defendant failed to pay rent from July 2022, and retained possession of the shop without payment or returning the keys. Plaintiffs proved their claim on a balance of probabilities, entitling them to recovery of rent, possession, and costs.

Citation
[2025] GHADC 193
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
Tenancy, Rent Recovery, Eviction, Burden of Proof
Source Language
English
Landlord and Tenant Contract Tenancy Rent Recovery Eviction Burden of Proof

Case Brief

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Parties

Sarah Koomson

Plaintiff

Solomon Koomson

Plaintiff

Benjamin Duku

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

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

Ratio Decidendi

The court found that the defendant was a tenant of the plaintiffs for a three-year period commencing 1st June 2019, that the defendant failed to pay rent from July 2022, and retained possession of the shop without payment or returning the keys. Plaintiffs proved their claim on a balance of probabilities, entitling them to recovery of rent, possession, and costs.

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 date of judgment at GHC200.00 per month.