AKOMAH VRS: OSEI (R/NK/DC/A11/11/2018) [2024] GHADC 476 (30 April 2024)
The defendant is not a tenant but a squatter, has no valid grant or permit to occupy the land, and his activities constitute a nuisance to the plaintiff and other occupants. The land is private family property, not public, and the Municipal Assembly cannot grant rights to it. The plaintiff, as head of family, is entitled to eject the defendant.
- Citation
- AKOMAH VRS: OSEI (R/NK/DC/A11/11/2018) [2024] GHADC 476 (30 April 2024)
- Parties
- Plaintiff: Yaw Akomah; Defendant: Osei Davies
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 30 April 2024
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Ejectment, Nuisance, Tenancy, Squatter Rights
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Yaw Akomah
Plaintiff
Osei Davies
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the plaintiff can evict the defendant from the premises
- 2 Whether the defendant lawfully acquired the area for his business and can continue to operate there
Ratio Decidendi
The defendant is not a tenant but a squatter, has no valid grant or permit to occupy the land, and his activities constitute a nuisance to the plaintiff and other occupants. The land is private family property, not public, and the Municipal Assembly cannot grant rights to it. The plaintiff, as head of family, is entitled to eject the defendant.
Court Disposition
Judgment for the plaintiff
Orders
- Defendant to vacate the premises within one month, by 01-04-24
- Defendant to pay costs of GH₵2,000.00 to the plaintiff
Full Case Text
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