AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 463 (20 February 2024)

AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 463 (20 February 2024)

Plaintiff was a gratuitous licensee, failed to comply with conditions, and defendants were entitled to repossess land using self-help upon police advice; plaintiff failed to prove his claim on the preponderance of probabilities.

Citation
AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 463 (20 February 2024)
Parties
Plaintiff: Agyei David; Defendant: Osofo Atta; Defendant: Akwasi Darko
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
plaintiff's claims dismissed
Legal Topics
Gratuitous Licence, Tenant at Sufferance, Self Help Eviction, Damages
Source Language
eng
Property Law Civil Procedure Gratuitous Licence Tenant at Sufferance Self Help Eviction Damages

Case Brief

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Parties

Agyei David

Plaintiff

Osofo Atta

Defendant

Akwasi Darko

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was granted permanent rights to the land
  2. 2 Whether the defendants were entitled to use self-help to remove the plaintiff's container

Ratio Decidendi

Plaintiff was a gratuitous licensee, failed to comply with conditions, and defendants were entitled to repossess land using self-help upon police advice; plaintiff failed to prove his claim on the preponderance of probabilities.

Court Disposition

plaintiff's claims dismissed

Orders

  • Plaintiff to pay GHC 1,500.00 as cost to defendants
  • Plaintiff to remove metal container and yield vacant possession to defendants forthwith