Prosper v Ayi@Nana Kojotia (A1/10/2024) [2025] GHADC 148 (4 April 2025)

Prosper v Ayi@Nana Kojotia (A1/10/2024) [2025] GHADC 148 (4 April 2025)

Plaintiff proved, on a balance of probabilities, long and undisturbed possession and a valid grant of the disputed land, with no evidence of a better title from the defendant. Plaintiff is entitled to declaration of title, recovery of possession, perpetual injunction, damages for trespass, and costs.

Citation
[2025] GHADC 148
Parties
Plaintiff: Aseidu Prosper; Defendant: Isaac Ayi@Nana Kojotia
Court
District Court
Jurisdiction
Ghana
Judgment Date
4 April 2025
Case Number
A1/10/2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Declaration of Title, Trespass, Perpetual Injunction, Burden of Proof, Possession, Damages
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Perpetual Injunction Burden of Proof Possession Damages

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Parties

Aseidu Prosper

Plaintiff

Isaac Ayi@Nana Kojotia

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to the disputed land
  2. 2 Whether the plaintiff is entitled to recovery of possession
  3. 3 Whether the plaintiff is entitled to a perpetual injunction restraining the defendant

Ratio Decidendi

Plaintiff proved, on a balance of probabilities, long and undisturbed possession and a valid grant of the disputed land, with no evidence of a better title from the defendant. Plaintiff is entitled to declaration of title, recovery of possession, perpetual injunction, damages for trespass, and costs.

Court Disposition

Judgment for the plaintiff.

Orders

  • Declaration of title to the disputed land in favour of plaintiff
  • Recovery of possession of the disputed land by plaintiff