AKOMAH VRS: OSEI (R/NK/DC/A11/11/2018) [2024] GHADC 476 (30 April 2024)

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

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Parties

Yaw Akomah

Plaintiff

Osei Davies

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the plaintiff can evict the defendant from the premises
  2. 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