SUALE VRS ALIDU (A1/8/24) [2024] GHADC 403 (12 March 2024)

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

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Parties

Alidu Suale

Plaintiff

Abubakari Alidu

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether rooms 5 and 12 are the bona fide property of the plaintiff after family distribution
  2. 2 Whether the defendant unlawfully trespassed and dispossessed the plaintiff of room 5
  3. 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