Nnabuife v Ringold (A9/21/2024) [2025] GHADC 172 (24 July 2025)

**IN THE DISTRICT COURT MADINA HELD ON THURSDAY THE 24****TH****DAY OF JULY 2025 BEFORE HER WORSHIP ROSEMARY ABENA GYIMAH SITTING AS MAGISTRATE IN COURT ONE [1]** ============================================================================= _**SUIT NO.A9/21/2024**_ **REINA NNABUIFE****…. PLAINTIFF** of Kwabenya**** **VRS** **NANA K. RINGOLD****…. DEFENDANT** of Dome Pillar Two ……...…………………..…………………………………………………………………………… **JUDGMENT** ………..……………...……………………………………………………………………………… The Plaintiff by her writ of summons filed on 7th November 2023 is claiming the following reliefs against the Defendant; a) An order from this Honourable Court to cause the Defendant to repay an amount of GHS 10,000.00 month. b) Interest on the aforementioned amount at the prevailing rate. c) Cost. _**THE CASE OF THE PLAINTIFF**_ It is the Plaintiff’s case that she rented a chamber and hall self-contained from the Defendant for a period of two (2) years at **Six Hundred and Fifty Ghana Cedis (GHS 650.00)** per month and made part payment of **Ten Thousand Ghana Cedis (GHS 10,000.00)** out of the total rent of **Fifteen Thousand Six Hundred Ghana Cedis (GHS 15,600.00)** on 4th September 2022 to the Defendant. The Plaintiff states further that she moved into the said chamber and hall on 11th September 2022 but had to move out on 11th October 2022 because the premises was not in a tenantable condition as the plumbing work in the premises was in need of an overhaul, the waste water from Plaintiff’s neighbour’s kitchen would enter the Plaintiff’s bedroom whenever Plaintiff used the washroom, the water from the water closet would spill onto the bathroom floor and the drainage system in the kitchen was also bad preventing the movement of waste water through the pipes. It is the Plaintiff’s case that she complained about the plumbing work to the Defendant which the Defendant assured the Plaintiff will be fixed but failed to do so. The Plaintiff further asserts that she tried to get the Defendant to come and fix the plumbing problem by sending him messages and calling the Defendant all of which the Defendant failed to respond to. The Plaintiff states that she called a plumber to change the flashing system in the water closet but that did not solve the problem. The Plaintiff also states that she had to paint the whole space she rented including the doors and burglar proofs at her own cost of more than **One Thousand Ghana (GHS 1,000.00)** because the premises of the Defendant was a newly built house and had only the first coat on. It is the Plaintiff’s case that due to the Defendant’s failure to fix the plumbing works and since she was unable to live in an unhygienic condition she called the Defendant with a different number to tell him that she was moving out and that after she moved out, the Defendant has gone ahead to rent the place out to another person but blatantly refused to refund the amount paid to him as rent by the Plaintiff for which reasons the Plaintiff is before this Court. _**THE CASE OF THE DEFENDANT**_ The Defendant on 14th February 2024 filed his statement of defence and counter claim and denied all the averments of the Plaintiff. It is the Defendant’s case that the Plaintiff entered into a fixed term tenancy agreement with the Defendant. Defendant states that the Plaintiff inspected the property and was content with same before making the two parts instalment payments of the rent advance and the rent advances were paid only after full inspection of the property to the Plaintiff’s satisfaction before making commitment by paying part of the money and promising to pay the balance of the rent at a later date. It is the Defendant’s case that the Plaintiff promised to pay the balance of the rent after moving into the room and that all the defects and plumbing works she complained of were duly fixed to her satisfaction. The Defendant further contends that the Plaintiff having stayed in the room for all this while was satisfied with the condition of the room before paying the balance and therefore lies ill in her mouth to say otherwise. The case of the Defendant is that the parties entered into a fixed term tenancy agreement and the Court must give effect to same and that the Plaintiff’s action before this Court is without merit as such the Defendant counterclaims the following; a) A declaration that the Plaintiff has breached the fixed term tenancy agreement. b) An order for the Plaintiff to pay general damages for breach of the said agreement. c) Cost. The Plaintiff again on 19th July 2024 filed a reply to the Defendant’s statement of defence and a defence to the counter claim and denied the averments of the Defendant. Both parties were ordered to file their witness statements for trial to commence after parties were unsuccessful at Court Connected Alternative Dispute Resolution (CCADR). The Plaintiff filed her witness statement on 27th August 2024. The Defendant filed his witness statement 16th September 2024 but withdrew same on 9th June 2025. The Defendant however, filed a witness statement on 22nd October 2025 and power of attorney for one Seth Awuku to give evidence on his behalf. At trial, the Plaintiff tendered in **Exhibit A** ; receipts of plumbing items purchased by the Plaintiff in attempt to fix the plumbing issues, **Exhibit B series** ; copies of pictures of whatsapp messages between the Plaintiff and Defendant complaining about the uninhabitable nature of the Defendant’s premises and whatsapp message informing Defendant that the Plaintiff had moved out of his premises. The Defendant through his attorney tendered in power of attorney dated 4th October 2024 marked as **Exhibit 1**. The Plaintiff’s **Exhibit A** and **B series** and the Defendant’s **Exhibit 1** were all tendered in evidence without any objection by either party. _**APPLICABLE LAWS AND ANALYSIS**_ The burden of proof and the burden of persuasion as stated under **Section 11(4) and 12** of the **Evidence Act** ,**1975**(**NRCD 323**) as required in civil proceedings are not lost on me. Proof in law has been defined in the case of **Majolagbe v Larbi 1959 GLR 190** by the High Court which was upheld by the Supreme Court in the case of **Otenge v Akrofi 1963 1 GLR 16 SC** thus; “ _**Proof in law, is the establishment of fact by proper legal means; where a party makes an averment capable of proof in some positive way e.g. by producing documents, description of things, reference to other facts, instances or circumstances and his averment is denied, he does not prove it by merely going into the witness box and repeating that averment on oath or having it repeated on oath by his witness. He proves it by producing other evidence of facts and circumstances, from which the court can be satisfied that what he avers is true.”**_ In **Fred Reimmer v Pastor Baffour, Suit No.FAL 314/11 dated 23 June 2017** , Sittie J, restated the position of the law on burden of proof as follows ; “ _**The position of the law on evidence in civil cases is that a party must win his case on the preponderance of probabilities. Section 11, 12 and 14 of NRCD 323 refers.”**_ Turning to the case before me considering the evidence adduced by both parties during trial, I hold as a fact the following; 1. That the Plaintiff entered into an agreement to rent the Defendant’s premises. 2. That the Plaintiff indeed paid the Defendant an amount **Ten Thousand Ghana Cedis ( GHS 10, 000.00)** as part payment of rent advance. 3. That the Plaintiff moved into the Defendant’s premises on 11th September 2022. 4. That the Plaintiff moved out of the Defendant’s premises on 11th October 2022. 5. That the Defendant’s premises suffered plumbing issues which the Plaintiff could not have identified with her naked eye upon inspection without moving in to use the premises. 6. That the said plumbing issues made the premises of the Defendant uninhabitable causing the Plaintiff to vacate the Defendant’s premises before the intended two (2) years both parties agreed to. 7. That Defendant’s Attorney had no idea or information pertaining to the dealings between the Plaintiff and the Defendant in this matter. 8. That the Defendant failed to adduce any form of evidence that he fixed the plumbing issues he claimed he did in his statement of defence. 9. That the agreed rent per month was **Six Hundred and Fifty Ghana Cedis (GHS 650.00).** I have considered Counsel for Defendant’s written address filed for and on behalf of the Defendant belatedly on 15th July 2025. In the said address, Counsel for Defendant prays this Court to dismiss this case as same is tainted by legality since the agreement both parties are seeking to enforce against each other is unlawful and same prohibits the Court from even entertaining the suit and making a determination on same. Counsel argues that this is so because **Section 25(5) of Rent Act** ,**1963**(**Act 220**) prohibits tenancy agreements that exceeds more than six (6) months’ rent advance and that both parties admitted they both had an oral rent agreement for the payment of two (2) years rent advance which is against **Section 25(5) of Act 220**. As such, since it is against public policy for persons to benefit from their wrongful act by reason of public policy the case should be dismissed as an illegality. For ease of study and reference, **Section 25(5) of Act 220** relied upon by Counsel is as below; _**25\. Offences**_ _**(5) Any person who as a condition of the grant, renewal or continuance of a tenancy demands in the case of a monthly or shorter tenancy, the payment in advance of more than a month's rent or in the case of a tenancy exceeding six months, the payment in advance of more than six months rent shall be guilty of an offence and shall upon conviction by the appropriate Rent Magistrate be liable to a fine not exceeding one hundred pounds.**_ I find this submission by Counsel very troubling as I find that Counsel is inviting this Court to dine on a table of unpardonable injustice against the Plaintiff to allow the Defendant who has not denied receiving rent advance from the Plaintiff to benefit from receiving the said rent advance of **Ten Thousand Ghana Cedis (GHS 10,000.00)** based on the Defendant’s own demand of two (2) years rent advance from the Plaintiff whiles the Plaintiff only occupied the said premises for about one (1) month leaving the opportunity to the Defendant to again rent out the same premises to another to have the benefit of receiving another rent but on the other hand, deprive or deny the Plaintiff refund of any monies paid to the Defendant on grounds of public policy. This cannot be the law and I must say it was quite distasteful reading that submission by Counsel. In any case if this Court is to go by **Section 25(5) of Act 220**. Then the Defendant demanding two (2) years rent advance and having received more than six (6) months rent advance the Defendant upon being found guilty of the said offence shall upon conviction be liable to payment of a fine. This matter being a civil one filed by the Plaintiff for reliefs as endorsed on the writ of summons, I will stay my hands and deal with the matter before me. In conclusion, considering the evidence before this Court and having found as a fact all the findings aforementioned, I hereby enter Judgment in favour of the Plaintiff as I find that on the balance of probabilities the case of the Plaintiff is more probable than that of the Defendant and that the Plaintiff having satisfied this Court per her**Exhibit B series** that there were plumbing issues with the Defendant’s premises which made the premises uninhabitable for which the Defendant failed to fix, it will be wrong for this Court to enforce the said tenancy agreement against the Plaintiff for a person cannot be forced to live in uninhabitable or unhygienic conditions. As such the Plaintiff vacating the said premises and giving notice to the Defendant is considered justified. Considering the fact that rent per month is **Six Hundred and Fifty Ghana Cedis (GHS650.00)** and the Plaintiff was in occupation of the Defendant’s premises from 11th September 2022 to 11th October 2022. I hereby make the following orders; a) Plaintiff to recover an amount of **Nine Thousand Three Hundred and Fifty Ghana Cedis (GHS 9,350.00)** as outstanding rent advance paid to the Defendant in September 2022. b) Interest on the said **Nine Thousand Three Hundred and Fifty Ghana Cedis (GHS 9,350.00)** from 31st October 2022 till date of final payment at the prevailing Commercial Bank rate. c) Cost of **Five Hundred Ghana Cedis (GHS 500.00)** as I have considered the fact that I granted the Plaintiff cost of **Three Thousand Ghana Cedis (GHS 3,000.00)** on 20th May 2025. The Defendant’s counterclaim wholly fails and it is accordingly dismissed. **SGD** **H/W. ROSEMARY ABENA GYIMAH** **MAGISTRATE** 3