SUALE VRS ALIDU (A1/8/24) [2024] GHADC 403 (12 March 2024)
After partition of family property, the plaintiff acquired individual ownership of rooms 5 and 12. Defendant's actions in breaking into, damaging, and dispossessing plaintiff from room 5 constituted trespass. Plaintiff proved his case on the balance of probabilities and is entitled to the reliefs sought.
- Citation
- SUALE VRS ALIDU (A1/8/24) [2024] GHADC 403 (12 March 2024)
- Parties
- Plaintiff: Alidu Suale; Defendant: Abubakari Alidu
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 12 March 2024
- Procedural Posture
- Civil / Judgment
- Outcome
- judgment for plaintiff
- Legal Topics
- Partition of Family Property, Trespass, Recovery of Possession, Damages
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Alidu Suale
Plaintiff
Abubakari Alidu
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether rooms 5 and 12 are the bona fide property of the plaintiff after family distribution
- 2 Whether the defendant unlawfully trespassed and dispossessed the plaintiff of room 5
- 3 Whether the plaintiff is entitled to damages and costs
Ratio Decidendi
After partition of family property, the plaintiff acquired individual ownership of rooms 5 and 12. Defendant's actions in breaking into, damaging, and dispossessing plaintiff from room 5 constituted trespass. Plaintiff proved his case on the balance of probabilities and is entitled to the reliefs sought.
Court Disposition
judgment for plaintiff
Orders
- Declaration that rooms 5 and 12 of H/No. K808, Kalpohini are the property of the plaintiff
- Plaintiff to recover possession of room 5, H/No. K808, Kalpohini
Full Case Text
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