Margaret Vrs Nantwi [2023] GHADC 156 (13 March 2023)

Margaret Vrs Nantwi [2023] GHADC 156 (13 March 2023)

Plaintiff established root of title to the disputed land through her grandmother, proved acts of possession, and the defendant's claim was inconsistent and unsupported by evidence; thus, plaintiff's case succeeded on the preponderance of probabilities.

Source-derived case information.

Citation
[2023] GHADC 156
Parties
Plaintiff: Araba Margaret; Defendant: Opanin Francis Kyeame Nantwi
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 March 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff on all reliefs
Legal Topics
Declaration of Title, Trespass, Injunction, Damages
Source Language
english
Land Law Civil Procedure Declaration of Title Trespass Injunction Damages

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Summary, issues, holding and outcome

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Parties

Araba Margaret

Plaintiff

Opanin Francis Kyeame Nantwi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed farmland is the property of the plaintiff
  2. 2 Whether the plaintiff has title to the said land
  3. 3 Whether the defendant trespassed onto the said land

Ratio Decidendi

Plaintiff established root of title to the disputed land through her grandmother, proved acts of possession, and the defendant's claim was inconsistent and unsupported by evidence; thus, plaintiff's case succeeded on the preponderance of probabilities.

Court Disposition

Judgment for the plaintiff on all reliefs

Orders

  • Declaration that the disputed land is the property of the plaintiff
  • General damages of GH₵3,000.00 awarded to the plaintiff for trespass