AMOO VRS AMMA (A9/09/2024) [2024] GHADC 359 (17 July 2024)

Plaintiff is the owner of the dominant property and Defendant has no valid interest in the servient area. Defendant’s kiosk is unauthorized, obstructs a public right of way and drainage, and infringes Plaintiff’s easement rights. Plaintiff is entitled to an order for removal of the structure and costs.

Citation: AMOO VRS AMMA (A9/09/2024) [2024] GHADC 359 (17 July 2024)
Parties: Plaintiff: Amoo Emmanuel; Defendant: Nana Amma
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 17 July 2024
Procedural Posture: Civil / Judgment
Outcome: Judgment for Plaintiff
Legal Topics: Easement, Unauthorized Structures, Burden of Proof, Admissions, Right of Way
Source Language: eng

Property Law Civil Procedure Easement Unauthorized Structures Burden of Proof Admissions Right of Way

Case Brief

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Parties

Amoo Emmanuel

Plaintiff

Nana Amma

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether Plaintiff is the owner of the dominant property in dispute
2 Whether Defendant has a valid interest in the servient area in dispute
3 Whether Plaintiff’s land is entitled to an easement over the area occupied by Defendant’s kiosk/container

Ratio Decidendi

Court Disposition

Judgment for Plaintiff

Orders

Defendant is ordered to remove her kiosk (container) from the frontage of House Number BK-0000-44709, Sawaba and the gutter within 14 days, failing which Plaintiff may remove it at Defendant’s expense.
Costs of GHS 2000.00 awarded to Plaintiff against Defendant with interest at the statutory rate of 24.79% per annum.