GABRIEL LARTEY v. PAPA ABIGYA AND YAA SERWAA

On the 1st of November, 2022 Plaintiff commenced this action against Defendants seeking the following reliefs:

1. An order of the Court compelling Defendants to refund an amount of GHc1,220 being the amount spent by Plaintiff on the construction of a toilet in Defendants house which Defendants promised to refund to Plaintiff or the cost of construction would be used to extend the period of Plaintiff’s stay in the house, but have refused to honor.

2. Costs.

Defendants pleaded not liable to all the claims of Plaintiff. The summary of the subject matter of claim are that:

Plaintiff is a farmer resident at Akim Bontodiase whilst Defendants are husband and wife also resident at Akim Bontodiase and are farmers as well.

Plaintiff says he rented a single room from Defendants in November, 2018 at a rate of GHc120 a year. Plaintiff says he lived in Defendants house for three years without a toilet facility.

Plaintiff says that around November, 2021, he had a meeting with Defendants (Landlords) where they agreed that Plaintiff should finance the construction of a toilet facility in the house and later come for a refund from Defendants or the cost of constructing the facility would be used to extend his stay in the said house.

Plaintiff says that Defendants herein have given him an eviction notice for non-payment of rent without the refund that he was promised on the toilet facility after several demands.

Wherefore Plaintiff claims as endorsed on the writ of summons.

The evidence-in-chief of Plaintiff, Gabriel Lartey a farmer resident at Bontodiase had it that he knows Defendants as his landlords. He continued to say that he rented a room in Defendants house at Bontodiase in 2018 where he paid rent advance of GHc240 for 2 years in December, 2018. Then in December, 2020, 2nd Defendant came to him and said she wanted to give the room to a relative so Plaintiff should move out. According to Plaintiff, he looked for a room and informed 1st Defendant, but the 1st Defendant insisted they should stay in the house because Plaintiff’s wife was pregnant and her due date was near. Plaintiff claimed that he went with his wife and one Kudjo where the 1st Defendant told him that he should pay a year rent advance and also construct a pit latrine in the house. Plaintiff averred that, he started with the construction of the pit latrine at the beginning of 2022, but 2nd Defendant came to ask Plaintiff to stop with the construction because she had not asked Plaintiff to const