Jacob Vrs Biaa [2023] GHADC 123 (20 July 2023)

Jacob Vrs Biaa [2023] GHADC 123 (20 July 2023)

The Plaintiff failed to prove by a preponderance of probabilities that the disputed land is the same as the portion cultivated by Amoayaw and that the Defendant trespassed onto the Plaintiff's land. The evidence shows the disputed land is different from what the Plaintiff alleges, and the Defendant is in possession of her mother's land.

Citation
[2023] GHADC 123
Parties
Plaintiff: Asante Jacob; Defendant: Adwoa Biaa
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 July 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Trespass, Title to Land, Boundary Dispute, Damages
Source Language
English
Land Law Civil Procedure Trespass Title to Land Boundary Dispute Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Asante Jacob

Plaintiff

Adwoa Biaa

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant trespassed onto the Plaintiff's cocoa farm or the Plaintiff trespassed onto the Defendant's uncultivated portion of the farm
  2. 2 Whether the parties shared a common boundary on the disputed farm
  3. 3 Whether the disputed land was reserved for the Defendant's mother or was land granted by the Plaintiff's mother to Amoayaw

Ratio Decidendi

The Plaintiff failed to prove by a preponderance of probabilities that the disputed land is the same as the portion cultivated by Amoayaw and that the Defendant trespassed onto the Plaintiff's land. The evidence shows the disputed land is different from what the Plaintiff alleges, and the Defendant is in possession of her mother's land.

Court Disposition

Plaintiff's claim dismissed