ANSU VRS MENSAH (C12/010/2023) [2024] GHAHC 185 (26 March 2024)

ANSU VRS MENSAH (C12/010/2023) [2024] GHAHC 185 (26 March 2024)

The trial court’s findings were supported by sufficient evidence, including oral testimony, site plans, and a locus inspection report. The Appellant failed to demonstrate any material error or lapse in the trial court’s judgment. The judgment was not against the weight of evidence and is affirmed.

Citation
ANSU VRS MENSAH (C12/010/2023) [2024] GHAHC 185 (26 March 2024)
Parties
Plaintiff / Respondent: Ansu Adusa Gordon; Defendant / Appellant: Kwasi Aning Mensah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
26 March 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed; trial court judgment affirmed.
Legal Topics
Boundary Dispute, Trespass, Declaration of Title, Burden of Proof, Appellate Review
Source Language
eng
Property Law Civil Procedure Boundary Dispute Trespass Declaration of Title Burden of Proof Appellate Review

Case Brief

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Parties

Ansu Adusa Gordon

Plaintiff / Respondent

Kwasi Aning Mensah

Defendant / Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the judgment of the trial court was against the weight of evidence
  2. 2 Whether the Respondent proved trespass by the Appellant onto Respondent’s land
  3. 3 Whether the Respondent established root of title and boundaries sufficiently

Ratio Decidendi

The trial court’s findings were supported by sufficient evidence, including oral testimony, site plans, and a locus inspection report. The Appellant failed to demonstrate any material error or lapse in the trial court’s judgment. The judgment was not against the weight of evidence and is affirmed.

Court Disposition

Appeal dismissed; trial court judgment affirmed.

Orders

  • Judgment of District Court Wamfie dated 16th August, 2022 affirmed
  • Consequential orders of trial court affirmed