BOBIE VRS. OWUSU (BR.KS/A11/24/2024) [2024] GHADC 459 (13 August 2024)

The plaintiff proved on a preponderance of probabilities that the structure in dispute was part of the 48 speculative structures constructed by Richard Osei Boakye, was gifted to him, and the defendant failed to provide credible evidence to the contrary. The embargo placed by the defendant was unjustified.

Citation: BOBIE VRS. OWUSU (BR.KS/A11/24/2024) [2024] GHADC 459 (13 August 2024)
Parties: Plaintiff: Bobie Mensah Maxwell; Defendant: Victor Osei Owusu
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 13 August 2024
Procedural Posture: Civil / Judgment
Outcome: judgment for plaintiff in part
Legal Topics: Burden of Proof, Compensation, Injunction, Damages, Land Ownership
Source Language: eng

Property Law Civil Procedure Burden of Proof Compensation Injunction Damages Land Ownership

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Parties

Bobie Mensah Maxwell

Plaintiff

Victor Osei Owusu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether Richard Osei Boakye constructed 48 speculative structures on defendant’s land and shared same with him
2 Whether the defendant sold 6 of his speculative houses to Richard Boakye
3 Whether the structure in dispute formed part of Richard Osei Boakye’s share of the 48 structures

Ratio Decidendi

Court Disposition

judgment for plaintiff in part

Orders

Embargo placed on the structure described in the plaintiff’s writ of summons to be removed
Claim for general damages of GH¢10,000 dismissed