AGYARKO VRS BOAHEN & 2 OTHERS (A1/18/2018) [2024] GHADC 356 (12 February 2024)

AGYARKO VRS BOAHEN & 2 OTHERS (A1/18/2018) [2024] GHADC 356 (12 February 2024)

Plaintiff proved root of title, boundaries, and possession of the land; Defendants failed to contest or provide evidence; 1st and 3rd Defendants trespassed and are liable for damages; Plaintiff entitled to declaration, recovery, injunction, and costs.

Citation
AGYARKO VRS BOAHEN & 2 OTHERS (A1/18/2018) [2024] GHADC 356 (12 February 2024)
Parties
Plaintiff: Agyarko Isaac; 1st Defendant: Kwaku Boahen; 2nd Defendant: Brother Nyarko; 3rd Defendant: Brother Asure
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Land Dispute / Judgment
Outcome
Judgment for Plaintiff against 1st and 3rd Defendants; suit dismissed against 2nd Defendant for lack of evidence of trespass.
Legal Topics
Declaration of Title, Usufructuary Interest, Trespass, Damages, Injunction, Burden of Proof
Source Language
eng
Land Law Customary Law Civil Procedure Declaration of Title Usufructuary Interest Trespass Damages Injunction +1 more

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Parties

Agyarko Isaac

Plaintiff

Kwaku Boahen

1st Defendant

Brother Nyarko

2nd Defendant

Brother Asure

3rd Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether Plaintiff and his siblings are usufructuary owners of the disputed land
  2. 2 Whether Defendants trespassed on Plaintiff's land
  3. 3 Whether Plaintiff is entitled to damages and injunction

Ratio Decidendi

Plaintiff proved root of title, boundaries, and possession of the land; Defendants failed to contest or provide evidence; 1st and 3rd Defendants trespassed and are liable for damages; Plaintiff entitled to declaration, recovery, injunction, and costs.

Court Disposition

Judgment for Plaintiff against 1st and 3rd Defendants; suit dismissed against 2nd Defendant for lack of evidence of trespass.

Orders

  • Declaration of usufructuary title to Plaintiff and siblings over the disputed land.
  • Recovery of possession of the land to Plaintiff and siblings.