Kompare Vrs Osman [2022] GHADC 236 (24 October 2022)

Kompare Vrs Osman [2022] GHADC 236 (24 October 2022)

The plaintiff proved, on the balance of probabilities, that he is the same person as W. K. Chanase and established a credible root of title to Plot No. 333, while the defendant's evidence was inconsistent and failed to establish a valid transfer or title. The court found the plaintiff's evidence more credible and consistent, granting him declaration of title, injunction, damages for trespass, and costs.

Citation
[2022] GHADC 236
Parties
Plaintiff: Chanase Kompare; Defendant: Mr. Osman
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 October 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Injunction, Trespass, Burden of Proof, Counterclaim
Source Language
English
Land Law Civil Procedure Declaration of Title Injunction Trespass Burden of Proof Counterclaim

Case Brief

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Parties

Chanase Kompare

Plaintiff

Mr. Osman

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether plaintiff is the same person as W. K. Chanase
  2. 2 Whether Plot No. 333, Kpanvo Residential Area belongs to either party

Ratio Decidendi

The plaintiff proved, on the balance of probabilities, that he is the same person as W. K. Chanase and established a credible root of title to Plot No. 333, while the defendant's evidence was inconsistent and failed to establish a valid transfer or title. The court found the plaintiff's evidence more credible and consistent, granting him declaration of title, injunction, damages for trespass, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that Plot No. 333, Kpanvo Residential Area, Tamale is the bona-fide property of the plaintiff
  • Perpetual injunction restraining the defendant and those claiming through him from interfering with the plaintiff’s plot