VERONICA ASMAH v. SARAH FOBI

J U D G M E N T

CLAIM:

a) An order upon the defendant to remove her metal container from the plaintiff’s

land at Asamankese, opposite Osei Kwadwo storey building ohenedanho

b) Costs.

SUMMARY OF PLAINTIFF’S EVIDENCE:

It is her case that she leased her land to the defendant to erect a metal container on

st September, 2012 at a monthly rent of Gh¢10.00 for fifteen (15) years.

That the defendant has been hurling abusive words at her constantly, and that this

compelled her to refund an amount of Gh¢600.00 to the defendant as a refund of her

5 years rent advance on 17th August, 2022.

That she gave notice to the defendant to vacate the land but the defendant has flatly

refused to leave hence this action, praying the Court for the reliefs endorsed on her

writ of summons. The plaintiff did not call any witness; but attached exhibit ‘A’ to

support her evidence.

SUMMARY OF DEFENDANT’S EVIDENCE:

It is her case that she has no landlord-tenant relationship with the plaintiff. That she

bought the container in question from one Stephen Agyei Peprah and tendered in

evidence exhibit ‘1’ to that effect.

According to her she made enquires at the Municipal Assembly about the ownership

of the land and she was told it was government land and does not belong to any

individual, including the plaintiff.

That the Gh¢600.00 the plaintiff paid to her was payment the plaintiff and her

husband made to her after buying on credit from her, and not a refund of her 5 years

rent advance, and that the plaintiff is not entitled to her claim and urged the Court to

dismiss the action which she described as frivolous.

The defendant also did not call any witness to support her case.

ISSUES FOR DETERMINATION:

From all the evidence before me, including the writ of summons written and witness

statements, and exhibits, the only issues that came up for determination are:

a) Whether or not the plaintiff leased land to the defendant at a consideration to

erect her metal container; and

b) Whether or not the land on which the metal container of the defendant is

situate belongs to the plaintiff.

To succeed, the onus lies on the plaintiff to prove that on a balance of probabilities,

her evidence or case is more reasonable probable than that of the defendant’s, on

material particular issues. See Sections 11 and 12 of the Evidence Act 1975 (NRCD

In the case of Ackah vrs. Pergah Trasport Ltd and 2 Ors [2010] SC GLR 728 the

Supreme Court held among others that matters that