Richards Vrs Mensah and Another [2023] GHAHC 311 (18 April 2023)

Richards Vrs Mensah and Another [2023] GHAHC 311 (18 April 2023)

Plaintiff failed to prove superior title or possession; defendants established prior title and possession confirmed by subsisting High Court judgment, which operates as res judicata and binds plaintiff. Plaintiff's claims fail as defendants are true owners.

Citation
Richards Vrs Mensah and Another [2023] GHAHC 311 (18 April 2023)
Parties
Plaintiff: Betty Richards; 1st Defendant: Solomon Mensah; 2nd Defendant: George T. Quarshie
Court
ghahc
Jurisdiction
Ghana
Judgment Date
18 April 2023
Procedural Posture
Land Dispute / Final Judgment
Outcome
Plaintiff's claims dismissed; judgment for defendants
Legal Topics
Title to Land, Trespass, Res Judicata, Damages, Injunction
Source Language
eng
Property Law Civil Procedure Title to Land Trespass Res Judicata Damages Injunction

Case Brief

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Parties

Betty Richards

Plaintiff

Solomon Mensah

1st Defendant

George T. Quarshie

2nd Defendant

Procedural Posture

Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether defendants are trespassers unto plaintiff's land
  2. 2 Whether 2nd defendant’s Judgment of 18th September, 2017 can operate as res judicata against the plaintiff who was not a party to the suit
  3. 3 Whether 2nd defendant can rely on a document allegedly registered in his name three years before he allegedly purchased the land

Ratio Decidendi

Plaintiff failed to prove superior title or possession; defendants established prior title and possession confirmed by subsisting High Court judgment, which operates as res judicata and binds plaintiff. Plaintiff's claims fail as defendants are true owners.

Court Disposition

Plaintiff's claims dismissed; judgment for defendants

Orders

  • Declaration of title to land refused
  • Recovery of possession refused