Riss Hnry Vrs - Rosina Attoh Koikor Konuah [2023] GHACA 10 (30 March 2023)

Riss Hnry Vrs - Rosina Attoh Koikor Konuah [2023] GHACA 10 (30 March 2023)

Plaintiff failed to prove root of title and possession; Defendant established prior acquisition, registration, and continuous possession since 1956. No party proved fraud beyond reasonable doubt. Limitation Act applied due to Defendant's long possession. Damages for trespass were unwarranted as Defendant was in undisturbed possession.

Citation
Riss Hnry Vrs - Rosina Attoh Koikor Konuah [2023] GHACA 10 (30 March 2023)
Parties
Plaintiff/appellant: Riss Henry Okaikwei; Defendant/respondent: Madam Rosina Attoh Koikor Konuah
Court
ghaca
Jurisdiction
Ghana
Judgment Date
30 March 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed except as to damages for trespass.
Legal Topics
Declaration of Title, Trespass, Limitation Act, Solicitor's Licence, Fraud, Survey Evidence
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Limitation Act Solicitor's Licence Fraud Survey Evidence

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Parties

Riss Henry Okaikwei

Plaintiff/appellant

Madam Rosina Attoh Koikor Konuah

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Plaintiff/Appellant proved title to disputed land
  2. 2 Validity of solicitor's licence for Defendant's counsel
  3. 3 Whether fraud was established against either party

Ratio Decidendi

Plaintiff failed to prove root of title and possession; Defendant established prior acquisition, registration, and continuous possession since 1956. No party proved fraud beyond reasonable doubt. Limitation Act applied due to Defendant's long possession. Damages for trespass were unwarranted as Defendant was in undisturbed possession.

Court Disposition

Appeal dismissed except as to damages for trespass.

Orders

  • Judgment of trial court affirmed except damages for trespass set aside.
  • Costs of GH¢10,000.00 awarded to Defendant/Respondent.