VANDERPURE VRS OTI (A9/01/2023) [2023] GHADC 1011 (18 May 2023)

VANDERPURE VRS OTI (A9/01/2023) [2023] GHADC 1011 (18 May 2023)

Defendant, having continued to occupy the apartment for two months after the expiration of the tenancy and having not properly notified the plaintiff of his intention to vacate, is liable to pay rent for that period despite the apartment’s defects, as he was aware of them and chose to stay.

Source-derived case information.

Citation
[2023] GHADC 1011
Parties
Plaintiff: Evelyn Vanderpure; Defendant: Mr. Oti
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 May 2023
Case Number
A9/01/2023
Procedural Posture
Civil (landlord Tenant) / Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Tenancy Expiration, Rent Arrears, Statutory Tenancy, Notice Requirements
Source Language
english
Landlord and Tenant Law Tenancy Expiration Rent Arrears Statutory Tenancy Notice Requirements

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Parties

Evelyn Vanderpure

Plaintiff

Mr. Oti

Defendant

Procedural Posture

Civil (landlord Tenant) / Judgment

Legal Issues

  1. 1 Whether plaintiff’s notice of expiration of tenancy to defendant was made timeously
  2. 2 Whether plaintiff is entitled to recover two months’ rent from the defendant

Ratio Decidendi

Defendant, having continued to occupy the apartment for two months after the expiration of the tenancy and having not properly notified the plaintiff of his intention to vacate, is liable to pay rent for that period despite the apartment’s defects, as he was aware of them and chose to stay.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Defendant to pay GHC500.00 as two months’ rent arrears to plaintiff
  • Defendant to pay costs of GHC300.00 to plaintiff