SABIT VRS ALHASSAN & ANOTHER (UW/WA/DC/A1/2/2019) [2024] GHADC 431 (3 June 2024)

SABIT VRS ALHASSAN & ANOTHER (UW/WA/DC/A1/2/2019) [2024] GHADC 431 (3 June 2024)

Plaintiff failed to establish by positive evidence the identity and limits of the land claimed, failed to prove trespass or loss of access, and survey evidence confirmed the existence of separate and distinct plots; Plaintiff's claims are dismissed.

Citation
SABIT VRS ALHASSAN & ANOTHER (UW/WA/DC/A1/2/2019) [2024] GHADC 431 (3 June 2024)
Parties
Plaintiff: Abubakari Issahaku Sabit; 1st Defendant: Ibrahim Alhassan; 2nd Defendant: Mahama Abdulai
Court
ghadc
Jurisdiction
Ghana
Judgment Date
3 June 2024
Procedural Posture
Civil Suit / Final Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Land Title, Trespass, Injunction, Declaratory Relief
Source Language
eng
Property Law Civil Procedure Land Title Trespass Injunction Declaratory Relief

Case Brief

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Parties

Abubakari Issahaku Sabit

Plaintiff

Ibrahim Alhassan

1st Defendant

Mahama Abdulai

2nd Defendant

Procedural Posture

Civil Suit / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to the claims as endorsed on his writ of summons

Ratio Decidendi

Plaintiff failed to establish by positive evidence the identity and limits of the land claimed, failed to prove trespass or loss of access, and survey evidence confirmed the existence of separate and distinct plots; Plaintiff's claims are dismissed.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Costs of Nine Thousand Ghana Cedis (GH¢9,000.00) awarded against Plaintiff in favour of Defendants