Appiah v Anokye and Another (A1/02/18) [2025] GHADC 192 (23 January 2025)

Appiah v Anokye and Another (A1/02/18) [2025] GHADC 192 (23 January 2025)

Plaintiff's evidence was consistent, corroborated, and unchallenged, while 1st defendant's evidence was inconsistent and unsupported. Plaintiff proved ownership and entitlement to possession. Defendants are trespassers and must be restrained and pay damages.

Citation
[2025] GHADC 192
Parties
Plaintiff: Ben Kwame Appiah; 1st Defendant: Gifty Anokye; 2nd Defendant: Selasie Amenyo
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 January 2025
Case Number
A1/02/18
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Declaration of Title, Trespass, Recovery of Possession, Perpetual Injunction, Damages, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Recovery of Possession Perpetual Injunction Damages Burden of Proof

Case Brief

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Parties

Ben Kwame Appiah

Plaintiff

Gifty Anokye

1st Defendant

Selasie Amenyo

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the owner of the land the subject matter of the dispute
  2. 2 Whether the plaintiff is entitled to recover possession of the land

Ratio Decidendi

Plaintiff's evidence was consistent, corroborated, and unchallenged, while 1st defendant's evidence was inconsistent and unsupported. Plaintiff proved ownership and entitlement to possession. Defendants are trespassers and must be restrained and pay damages.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration that plaintiff is owner of the disputed land
  • Plaintiff to recover possession of the land immediately