TIMOTHY TAWIAH VRS PROSPER SOBO (C4/03/2020) [2022] GHACC 360 (13 December 2022)

TIMOTHY TAWIAH VRS PROSPER SOBO (C4/03/2020) [2022] GHACC 360 (13 December 2022)

The plaintiff proved on a balance of probabilities that he was the landlord, the defendant was his tenant, and the defendant defaulted in rent payment and challenged the landlord's title, thereby forfeiting his tenancy. The defendant did not adduce evidence or pursue his counterclaim. The plaintiff is entitled to ejectment, accrued rent, interest, forfeiture, and costs.

Citation
[2022] GHACC 360
Parties
Plaintiff: Timothy Tawiah; Defendant: Prosper Sobo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 December 2022
Case Number
C4/03/2020
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Ejectment, Non Payment of Rent, Forfeiture of Tenancy, Burden of Proof
Source Language
English
Landlord and Tenant Law Ejectment Non Payment of Rent Forfeiture of Tenancy Burden of Proof

Case Brief

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Parties

Timothy Tawiah

Plaintiff

Prosper Sobo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant rented the room from the plaintiff and defaulted in rent payment
  2. 2 Whether the plaintiff misrepresented ownership of the property
  3. 3 Whether the defendant was justified in ceasing rent payments

Ratio Decidendi

The plaintiff proved on a balance of probabilities that he was the landlord, the defendant was his tenant, and the defendant defaulted in rent payment and challenged the landlord's title, thereby forfeiting his tenancy. The defendant did not adduce evidence or pursue his counterclaim. The plaintiff is entitled to ejectment, accrued rent, interest, forfeiture, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to vacate the premises within 3 months
  • Defendant to pay accrued rent at GHC 70 per month from April 2019 until ejectment