Rufari v Yomboi (BNE/TC/DC/A2/05/25) [2025] GHADC 222 (14 February 2025)

IN THE DISTRICT COURT OF GHANA HELD AT TECHIMAN ON THURSDAY THE 14TH DAY OF FEBRUARY, 2025 BEFORE HER WORSHIP SANDRA XORLALI LAVISON, DISTRICTMAGISTRATE BNE/TC/DC/A2/05/25 ALHAJI AMADU RUFARI V JOSEPHB. YOMBOI JUDGMENT This is anactionfor A. An ejection order of the Honourable Court to compel the Defendants to give vacant possession of two (2) bedroom self-contained apartment belonging to the Plaintiff, numberedJ 28/6, locatedat Hensua Brigade, asuburbofTechiman. B. Recovery of rent arrears of fifteen (15) months amounting to GH 15,000.00 at GHc1,000.00 permonth from30thOctober,2023to January 2025. C. Costtocater forPlaintiff’s expenses. The Plaintiff is a businessman. The Defendants are husband and wife and tenants of the Plaintiff. Defendants rented Plaintiff”s 2bedroom apartment and have lived in same for the past 6years. That after the initial expiration of their tenancy from 2018-2020, the Defendants reluctantly renewed their rent up to 30th September 2023. That since then the Defendants have failed and/or refused to pay their rent to date neither are they willing to render vacate possession. That the outstanding rent for the past 15months stands atgh1000 permonth. The 1st Defendant intimated that he was defending the action for and on behalf of himself and the 2nd Defendant his wife. He pleaded liable to Relief A and pleaded partlyliable to Relief B. The Defendant’s explanation to his plea in respect of claim B was that he met the Plaintiff to discuss the increment of his rent. That, the Plaintiff said he had raised the rent to GH1000. That he pleaded with him to reduce it to GH900.00 but the Plaintiff did notsay anything so tohis mind, the Plaintiff had accepted totakeGH900.00. The only issue set down in this matter is whether or not the parties agreed on GH1000 orGH900 as rentfrom2023todate. Before Idetermine the only issue set down, Iwill briefly analyse the burden ofproof. In a civil case, the burden lies on the plaintiff to adduce sufficient evidence to prove his allegations; see Faibi Vrs. State Hotels Corporation [1968] IGLR 471. The burden of proof is statutorily defined in sections 11 (1) and 2, 11 (1) and (4) and 12 (1) and (2) of the Evidence Act, 1975 (Act 323). In Ackah Vrs. Pergah Transport Ltd. [2010] SCGLR 728, the Supreme Court held that it is a basic Principle of the law of evidence that a party who bears the burden of proof is to produce the required evidence of the facts in issue that has the quality of credibility short ofwhich his claim may fail. The method of producing evidence is varied and includes the testimonies of the party and material witnesses, admissible hearsay evidence, documentary evidence and other things or real evidence without which the party might not succeed to establish the requisite degree of credibility concerning a fact in the mind of the court. In the instant case, the burden lies on the plaintiff to adduce sufficient evidence to convince the court that his outstanding claim is moreprobable thannot. I now proceed to determine the only issue which is whether or not the parties agreed on GH1000 as thecurrent rentfrom2023todate. The Plaintiff in his evidence in chief stated that he had increased the rent to GH 1000 and the Defendants outstanding rent stood at GHc17,000 00. The plaintiff further intimated that he had also told the Defendant to pay the outstanding debt and give him vacant possession because he wants to renovate the property. The Plaintiff tendered in Exhibit “A”, a tenancy agreement as evidence of the landlord tenant relationship between them. The Defendant did not cross-examine the Plaintiff. In opening his defense he admittedowing the Plaintiff but disagreed onthe amount owed. His case was that when the Plaintiff informed him that the rent had been increased to GH1000 he pleaded with the Plaintiff to pay GH900. That he took the silence of the plaintiff on the matter as an acceptance of his offer to pay GH900. That he had not been able to pay the rent due to some issues he was dealing with. The Defendant at the end of his evidence pleaded with the Plaintiff to give him some time to settle the outstanding rent. The Plaintiff cross-examined the Defendant and this iswhat transpired. Q:What is the exacttimeline forthe payment ofthe rent? A:3MONTHS Q: I accept the 3months for the payment of the rent outstanding and I will give him 6monthsfor him tohand overthe keys. From the above it was evident that the Defendants really didn’t have any defense and thematter resolved. Judgment is herebyentered infavour ofthe Plaintiff. Defendant topay GH18,000 by 30th May 2025 and handover the keys to the property to the Plaintiff by 30th August 2025. Defendants shall pay the rent from June to August 2025. Cost of GH1000 against Defendants.