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JUDGMENT
INTRODUCTION/BACKGROUND:
Per a Writ of Summons and Statement of Claim filed on the 23rd December, 2021 in this
Court, the Plaintiff prayed for the following reliefs;
a. An order of ejection and recovery of possession of one store in plaintiff’s House number 262
situate at Dzodze which the 1st defendant is occupying.
b. An order to compel the defendant to pay rent arrears of Eight Thousand Four Hundred Ghana
Cedis (GH₵ 8,400.00) owed to the plaintiff as at 31st December, 2021.
c. Cost
CASE OF THE PLAINTIFFS
It is the case of the plaintiff that, he is the Landlord of one shop in the property with
House No. 262 situate at Dzodze in the Volta Region and within the jurisdiction of this
court which the 1st defendant rented.
The plaintiff stated that, the 1st defendant entered into an agreement with him to rent his
shop, based on which he was allowed to use his own money to renovate the shop in 1989.
The plaintiff stated that he reached an agreement with the defendant to set off the amount
spent on the renovation of the shop against his initial rent period.
The plaintiff stated that, the defendant’s tenure expired on the 31st of December, 2008 but
the defendant has refused to pay rent since then and is currently owing rent arrears of
Eight Thousand Four Hundred Ghana Cedis (GHS 8,400.00) as at 31st December, 2021.
The plaintiff stated that he wrote a letter to the 1st defendant on 1st July,2008, notifying
him of his breach and requested him to vacate the shop and handover the keys but the
defendant refused leading to the accumulated rent arrears as at 31st December, 2021,
The plaintiff prayed for an order to eject the 1st defendant from the shop for his personal
use.
THE CASE OF 1ST DEFENDANT
In his defence filed on 12th January, 2022 the 1
st defendant admitted renting the shop but
denied that the plaintiff was his Landlord.
The 1st Defendant stated that, he had no agreement with the plaintiff but rather one Ami
Sallah who was his Landlord and a sister to the plaintiff’s father.
The 1
st defendant stated that when his tenancy expired, he continued to stay in the store
based on a renewed tenancy with his Landlord Ami Sallah until he vacated the store in
the year 2019.
The 1
st defendant stated further that he could not remember receiving any demand notice
from the plaintiff and reiterated his assertion that throughout his period of tenancy, he
dealt with Ami Sallah as his Landlord and never on any occasion paid rent to the pla