MERCY GYAN v. YAA AGYEIWAA

JUDGMENT

Plaintiff claims against the Defendant is for the following:

1. Ejection of Defendant from a single room situate at Mim

Defendant did not file any defence and pleaded not liable to the Plaintiff’s claim:

EVIDENCE BY PLAINTIFF

The Plaintiff’s case was that she rented a single room to the Defendant at a rent fee of

GHc10.00 per a month for five (5) years from 1st May, 2011 to 1st May, 2015. According to

the Plaintiff she demanded a rent advance of GHc500.00 but the Defendant paid

GHc300.00 and was left with a balance of GHc200.00 and she told the Defendant to use

the balance for ceiling of the room. She contended that she told the Defendant not to pay any rent advance to the Plaintiff’s husband if the rent expired as she wanted to use the

money to cater for the children because the husband of the Plaintiff has failed to take up

responsibility of his children. The Plaintiff then went to the Defendant to demand rent

advance after the expiration but the Defendant told her that she has paid it to the husband

and this made the Plaintiff to order the Defendant to vacate the room but the Defendant

demanded that she has incurred a debt of GHc1,500.00 for ceiling the room and that she

needed a refund before she will vacate the room. She contended further that this made

her took action against the Defendant for ejection and sent her to the Rent Control Office

and the Defendant was given Ten (10) weeks to vacate but she refused hence the court

action. No witness for the plaintiff and she closed her case.

EVIDENCE BY THE DEFENDANT

It is the Defendant case that she rented the said single room from the husband of the

Plaintiff Mr. Gyan a.k.a Joe Boye ten years ago. She testified that she first paid GHc300.00

for three years to the Plaintiff and when the rent advance expired she paid another

advance of GHc 600.00 to the Landlord Mr. Gyan. According to the Defendant Mr. Gyan

sent one Wofa Yaw about a year and three months ago to collect GHc550.00 for him and

she also used GHc950.00 for ceiling the room and this made up a total amount of

GHc1500.00 of which Mr. Gyan and Wofa Yaw testified same.

She stated that this made the Plaintiff sent her to the rent control for ejection and she also

demanded her rent arrears of GHc1,500.00 before she will vacate the room but the Rent

Control Officer came to the house to locked the room without justification whilst the

Defendant’s has a four year old child sleeping in the room. She then reported th