Smith and Another Vrs Appiah [2022] GHAHC 34 (27 October 2022)

Smith and Another Vrs Appiah [2022] GHAHC 34 (27 October 2022)

Plaintiffs proved ownership and possession of the disputed land through registered documents and long-term occupation. Defendant admitted knowledge of plaintiffs' registration but proceeded with purchase based on unsubstantiated claims. Composite plan confirmed defendant's encroachment on about 50% of plaintiffs' land. Plaintiffs discharged burden of proof; defendant trespassed.

Citation
[2022] GHAHC 34
Parties
Plaintiff: Charles Smith; Plaintiff: Samuel Smith Jnr; Defendant: Charles Augustus Appiah
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 October 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Declaration of Title, Trespass, Injunction, Damages, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Damages Burden of Proof

Case Brief

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Parties

Charles Smith

Plaintiff

Samuel Smith Jnr

Plaintiff

Charles Augustus Appiah

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the defendant trespassed onto the plaintiffs' land
  2. 2 Whether the plaintiffs proved title and possession to the disputed land

Ratio Decidendi

Plaintiffs proved ownership and possession of the disputed land through registered documents and long-term occupation. Defendant admitted knowledge of plaintiffs' registration but proceeded with purchase based on unsubstantiated claims. Composite plan confirmed defendant's encroachment on about 50% of plaintiffs' land. Plaintiffs discharged burden of proof; defendant trespassed.

Court Disposition

Judgment for Plaintiffs

Orders

  • Declaration of title to land nos. 144 and 145, Adisadel Village, Cape Coast, in favour of plaintiffs
  • Recovery of possession of the said land by plaintiffs