Dzigbor Vrs The Attorney General, Ho & 2 Others [2022] GHAHC 81 (28 October 2022)

Dzigbor Vrs The Attorney General, Ho & 2 Others [2022] GHAHC 81 (28 October 2022)

Judgment was entered for the plaintiff on the basis of the defendants' admission of lack of evidence of lawful acquisition or payment for the land, and the parties' settlement agreement to pay the current market value of the land in lieu of compensation.

Citation
[2022] GHAHC 81
Parties
Plaintiff: Anthony Dzigbor (suing as Head of Dzigbor Family, Ho); 1st Defendant: Attorney General, Ho; 2nd Defendant: Social Welfare Dept., Ho; 3rd Defendant: E. P. Church of Ghana, Fiave, Ho
Court
High Court
Jurisdiction
Ghana
Judgment Date
28 October 2022
Procedural Posture
Land Ownership and Compensation Claim / Judgment on Admission After Failed Settlement
Outcome
Judgment for the plaintiff with variation of reliefs
Legal Topics
Declaration of Title, Compensation for Land, Trespass, Settlement, Judgment on Admission
Source Language
English
Land Law Civil Procedure Declaration of Title Compensation for Land Trespass Settlement Judgment on Admission

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Parties

Anthony Dzigbor (suing as Head of Dzigbor Family, Ho)

Plaintiff

Attorney General, Ho

1st Defendant

Social Welfare Dept., Ho

2nd Defendant

E. P. Church of Ghana, Fiave, Ho

3rd Defendant

Procedural Posture

Land Ownership and Compensation Claim / Judgment on Admission After Failed Settlement

Legal Issues

  1. 1 Whether the plaintiff's family is the rightful owner of the disputed land
  2. 2 Whether the 2nd defendant lawfully acquired and paid for the land
  3. 3 Whether the 3rd defendant trespassed on the plaintiff's land

Ratio Decidendi

Judgment was entered for the plaintiff on the basis of the defendants' admission of lack of evidence of lawful acquisition or payment for the land, and the parties' settlement agreement to pay the current market value of the land in lieu of compensation.

Court Disposition

Judgment for the plaintiff with variation of reliefs

Orders

  • Plaintiff to recover GH₵ 1,209,000.00 as current value of the land per valuation report dated 25/3/2021.
  • Plaintiff awarded costs of 20% of the judgment sum.