AMOAH VRS NSAWKAW (A1/13/2023) [2024] GHADC 241 (6 May 2024)

AMOAH VRS NSAWKAW (A1/13/2023) [2024] GHADC 241 (6 May 2024)

The plaintiff proved on a balance of probabilities that he was allocated plot number 78 Block ‘B’ Sector 1 in 2011, has been in possession, and the defendant’s claim to plot 78 Block ‘C’ was unsupported by any documentary evidence. The defendant unlawfully encroached and demolished the plaintiff’s structure. The court found for the plaintiff and granted all reliefs sought.

Citation
AMOAH VRS NSAWKAW (A1/13/2023) [2024] GHADC 241 (6 May 2024)
Parties
Plaintiff: Amoah Kwabena Solomon; Defendant: Kwaku Addo
Court
ghadc
Jurisdiction
Ghana
Judgment Date
6 May 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Compensation for Demolition, Burden of Proof
Source Language
eng
Land Law Civil Procedure Declaration of Title Recovery of Possession Injunction Compensation for Demolition Burden of Proof

Case Brief

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Parties

Amoah Kwabena Solomon

Plaintiff

Kwaku Addo

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether plot number 78 Block ‘B’ Sector 1 is the property of the plaintiff
  2. 2 Whether the plaintiff has valid title to the disputed plot
  3. 3 Whether the plaintiff had a structure/building on the plot

Ratio Decidendi

The plaintiff proved on a balance of probabilities that he was allocated plot number 78 Block ‘B’ Sector 1 in 2011, has been in possession, and the defendant’s claim to plot 78 Block ‘C’ was unsupported by any documentary evidence. The defendant unlawfully encroached and demolished the plaintiff’s structure. The court found for the plaintiff and granted all reliefs sought.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that plot number 78, Block ‘B’ Sector 1 Nsawkaw is the property of the plaintiff
  • Defendant to reconstruct the plaintiff’s demolished building or pay the cost of reconstruction