BOBIE VRS OWUSU (BR.KS/A11/24/2024) [2024] GHADC 266 (13 August 2024)

BOBIE VRS OWUSU (BR.KS/A11/24/2024) [2024] GHADC 266 (13 August 2024)

The plaintiff proved on a preponderance of probabilities that the structure in dispute was part of the 48 speculative structures constructed on the defendant’s land, was gifted to him by Richard Osei Boakye, and that the defendant was not entitled to any share of the compensation. The defendant failed to provide credible evidence to support his counterclaim or to show that the structure was not part of the 48 structures shared with Richard Osei Boakye.

Citation
BOBIE VRS OWUSU (BR.KS/A11/24/2024) [2024] GHADC 266 (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 the plaintiff on main claim; defendant's counterclaim dismissed.
Legal Topics
Compensation, Resettlement, Burden of Proof, Injunction, Damages
Source Language
eng
Property Law Civil Procedure Compensation Resettlement Burden of Proof Injunction Damages

Case Brief

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Parties

Bobie Mensah Maxwell

Plaintiff

Victor Osei Owusu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

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

Ratio Decidendi

The plaintiff proved on a preponderance of probabilities that the structure in dispute was part of the 48 speculative structures constructed on the defendant’s land, was gifted to him by Richard Osei Boakye, and that the defendant was not entitled to any share of the compensation. The defendant failed to provide credible evidence to support his counterclaim or to show that the structure was not part of the 48 structures shared with Richard Osei Boakye.

Court Disposition

Judgment for the plaintiff on main claim; defendant's counterclaim dismissed.

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.