NASR AND ANOTHER VRS. MIKAIL AND ANOTHER (LD/0599/2022) [2024] GHAHC 143 (22 May 2024)

NASR AND ANOTHER VRS. MIKAIL AND ANOTHER (LD/0599/2022) [2024] GHAHC 143 (22 May 2024)

Plaintiffs proved title, boundaries, identity, mode of acquisition, root of title, and acts of possession on balance of probabilities. Defendants' failure to appear or defend constitutes waiver of right to be heard. Reliefs granted as pleaded.

Citation
NASR AND ANOTHER VRS. MIKAIL AND ANOTHER (LD/0599/2022) [2024] GHAHC 143 (22 May 2024)
Parties
Plaintiff: Assad Tsegah Nasr; Plaintiff: Michel Tsegah Nasr; Defendant: Abubakar Mikail; Defendant: The Developers
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 May 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Declaration of Title, Injunction, Trespass, Damages, Default Judgment
Source Language
eng
Property Law Civil Procedure Declaration of Title Injunction Trespass Damages Default Judgment

Case Brief

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Parties

Assad Tsegah Nasr

Plaintiff

Michel Tsegah Nasr

Plaintiff

Abubakar Mikail

Defendant

The Developers

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs have established title to the disputed land
  2. 2 Whether plaintiffs are entitled to injunction and damages for trespass
  3. 3 Effect of defendants' failure to appear or defend

Ratio Decidendi

Plaintiffs proved title, boundaries, identity, mode of acquisition, root of title, and acts of possession on balance of probabilities. Defendants' failure to appear or defend constitutes waiver of right to be heard. Reliefs granted as pleaded.

Court Disposition

judgment for plaintiffs

Orders

  • Declaration of title to land at La, Accra behind Ghana International Trade Fair for plaintiffs
  • Perpetual injunction restraining defendants, their agents, assigns, privies, servants from interfering with the land