Andoh Vrs Kwame and 3 Others [2023] GHAHC 97 (22 March 2023)

Andoh Vrs Kwame and 3 Others [2023] GHAHC 97 (22 March 2023)

Plaintiff proved ownership of the disputed land by unchallenged documentary and oral evidence; Defendants’ trespass established by their unlawful entry and construction; Plaintiff entitled to reliefs sought except demolition and full damages for trespass.

Citation
Andoh Vrs Kwame and 3 Others [2023] GHAHC 97 (22 March 2023)
Parties
Plaintiff: Benjamin Andoh; Defendant: Kingsley Kwame; Defendant: Asafoatse Tortime; Defendant: Mr. Simon
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 March 2023
Procedural Posture
Land Dispute / Final Judgment
Outcome
Plaintiff’s claim granted with modifications
Legal Topics
Declaration of Title, Trespass, Recovery of Possession, Injunction, Damages, Costs
Source Language
eng
Property Law Declaration of Title Trespass Recovery of Possession Injunction Damages Costs

Case Brief

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Parties

Benjamin Andoh

Plaintiff

Kingsley Kwame

Defendant

Asafoatse Tortime

Defendant

Mr. Simon

Defendant

Procedural Posture

Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff is the owner of the 0.20 acre piece of land located at Abe Korpe Dawhenya in the Dangbe West District
  2. 2 Whether Defendants have trespassed on Plaintiff’s land
  3. 3 Whether Plaintiff is entitled to the reliefs sought

Ratio Decidendi

Plaintiff proved ownership of the disputed land by unchallenged documentary and oral evidence; Defendants’ trespass established by their unlawful entry and construction; Plaintiff entitled to reliefs sought except demolition and full damages for trespass.

Court Disposition

Plaintiff’s claim granted with modifications

Orders

  • Declaration of title in favour of Plaintiff for the 0.20 acre land
  • Recovery of possession granted to Plaintiff