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JUDGMENT
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