Adams Vrs Panyin [2023] GHADC 309 (20 January 2023)

Adams Vrs Panyin [2023] GHADC 309 (20 January 2023)

The plaintiff proved on a preponderance of probability that the defendant cut down his cocoa trees on the disputed land, which was originally granted to the plaintiff. The defendant's grantor re-granted the land to the defendant without the plaintiff's consent, and the defendant's actions caused economic loss to the plaintiff.

Citation
Adams Vrs Panyin [2023] GHADC 309 (20 January 2023)
Parties
Plaintiff: Adams Samuel; Defendant: Bro. Panyin
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Abunu Tenancy, Land Boundary Dispute, Destruction of Economic Trees, Burden of Proof, Damages
Source Language
eng
Land Law Tenancy Law Tort Law Abunu Tenancy Land Boundary Dispute Destruction of Economic Trees Burden of Proof Damages

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Parties

Adams Samuel

Plaintiff

Bro. Panyin

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant cut down the plaintiff's cocoa trees on the disputed land
  2. 2 Entitlement to damages for destruction of cocoa trees

Ratio Decidendi

The plaintiff proved on a preponderance of probability that the defendant cut down his cocoa trees on the disputed land, which was originally granted to the plaintiff. The defendant's grantor re-granted the land to the defendant without the plaintiff's consent, and the defendant's actions caused economic loss to the plaintiff.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded general damages of GH¢14,000.00
  • Defendant to pay costs of GH¢1,000.00