TWENEBOAH VRS MAGGIE (BR/DR/DC/A1/11/21) [2024] GHADC 229 (19 April 2024)

TWENEBOAH VRS MAGGIE (BR/DR/DC/A1/11/21) [2024] GHADC 229 (19 April 2024)

Plaintiff failed to prove with certainty the identity and extent of the land allegedly trespassed, and the technical survey confirmed Defendant’s structures are within her plot. Plaintiff’s action is not statute barred, but he failed to discharge the burden of proof for title and trespass. Defendant and her husband are found to be the bona fide owners of Plot 174 and entitled to their counter-claim.

Citation
TWENEBOAH VRS MAGGIE (BR/DR/DC/A1/11/21) [2024] GHADC 229 (19 April 2024)
Parties
Plaintiff: Adjei Tweneboah; Defendant: Yaa Maggie
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 April 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff’s claims dismissed; Defendant’s counter-claim granted.
Legal Topics
Declaration of Title, Trespass, Limitation of Actions, Counter Claim, Injunction
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Limitation of Actions Counter Claim Injunction

Case Brief

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Parties

Adjei Tweneboah

Plaintiff

Yaa Maggie

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether Plaintiff’s action is statute barred
  2. 2 Whether Defendant has trespassed onto Plaintiff’s land
  3. 3 Whether Defendant is entitled to her counter-claim

Ratio Decidendi

Plaintiff failed to prove with certainty the identity and extent of the land allegedly trespassed, and the technical survey confirmed Defendant’s structures are within her plot. Plaintiff’s action is not statute barred, but he failed to discharge the burden of proof for title and trespass. Defendant and her husband are found to be the bona fide owners of Plot 174 and entitled to their counter-claim.

Court Disposition

Plaintiff’s claims dismissed; Defendant’s counter-claim granted.

Orders

  • Declaration that Plot No. 174 at Kwasibourkrom near Glorious Preparatory School and all on it is the bona fide property of Defendant and her husband.
  • Perpetual injunction restraining Plaintiff and those claiming through him from interfering with Defendant’s plot.