Okyere v Amissa & Anor (C1/13/2022) [2025] GHACC 34 (27 January 2025)

Okyere v Amissa & Anor (C1/13/2022) [2025] GHACC 34 (27 January 2025)

The plaintiff proved on a balance of probabilities that the disputed area, including the wall and manhole erected by the defendants, falls within his Plot No. 26. The court-appointed surveyor’s report, corroborated by the plaintiff’s witness, established the defendants’ trespass. The defendants failed to prove their counterclaim or root of title to the disputed area. The plaintiff is entitled to declaration of title, recovery of possession, injunction, damages for trespass, and costs.

Citation
[2025] GHACC 34
Parties
Plaintiff: Benjamin Kwadwo Okyere; Defendant: Osei Kofi Amissa Eric; Defendant: Nicholas Amponsah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 January 2025
Case Number
C1/13/2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff; counterclaim dismissed
Legal Topics
Declaration of Title, Trespass, Injunction, Damages, Costs
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Damages Costs

Case Brief

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Parties

Benjamin Kwadwo Okyere

Plaintiff

Osei Kofi Amissa Eric

Defendant

Nicholas Amponsah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed area falls within Plot No. 26 belonging to the plaintiff or Plots No. 7 and 9 belonging to the 1st defendant
  2. 2 Whether the defendants trespassed onto the plaintiff’s land
  3. 3 Whether the plaintiff is entitled to damages and other reliefs sought

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the disputed area, including the wall and manhole erected by the defendants, falls within his Plot No. 26. The court-appointed surveyor’s report, corroborated by the plaintiff’s witness, established the defendants’ trespass. The defendants failed to prove their counterclaim or root of title to the disputed area. The plaintiff is entitled to declaration of title, recovery of possession, injunction, damages for trespass, and costs.

Court Disposition

judgment for plaintiff; counterclaim dismissed

Orders

  • Declaration of title to Plot No. 26, Asamankama, Offinso stool land in favour of the plaintiff
  • Recovery of possession of the trespassed area (six feet) on Plot No. 26 by the plaintiff