YARNIE AND OTHERS VRS. NYANKUAO AND ANOTHER (E1/AHC/36/2024) [2025] GHAHC 40 (21 January 2025)

YARNIE AND OTHERS VRS. NYANKUAO AND ANOTHER (E1/AHC/36/2024) [2025] GHAHC 40 (21 January 2025)

Plaintiffs proved their root of title and acts of possession over the disputed land on a balance of probabilities. Defendants failed to challenge the evidence or participate in the trial. Judgment entered for Plaintiffs for all reliefs claimed.

Source-derived case information.

Citation
[2025] GHAHC 40
Parties
Plaintiff: Charles Yarnie; Plaintiff: Christiana Dede Yarnie; Plaintiff: Grace Dede Yarnie; Defendant: Solomon Nii Dodoo Nyankuao; Defendant: Nii Lantei Wingah (Gyasetse)
Court
High Court
Jurisdiction
Ghana
Judgment Date
21 January 2025
Case Number
E1/AHC/36/2024
Procedural Posture
Civil / Judgment After Default of Defence
Outcome
Judgment for Plaintiffs
Legal Topics
Declaration of Title, Injunction, Trespass, Damages, Burden of Proof
Source Language
english
Land Law Civil Procedure Declaration of Title Injunction Trespass Damages Burden of Proof

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Parties

Charles Yarnie

Plaintiff

Christiana Dede Yarnie

Plaintiff

Grace Dede Yarnie

Plaintiff

Solomon Nii Dodoo Nyankuao

Defendant

Nii Lantei Wingah (Gyasetse)

Defendant

Procedural Posture

Civil / Judgment After Default of Defence

Legal Issues

  1. 1 Whether the Plaintiffs have proved sufficient evidence for declaration of title to the disputed land
  2. 2 Whether the Plaintiffs are entitled to injunction and damages for trespass

Ratio Decidendi

Plaintiffs proved their root of title and acts of possession over the disputed land on a balance of probabilities. Defendants failed to challenge the evidence or participate in the trial. Judgment entered for Plaintiffs for all reliefs claimed.

Court Disposition

Judgment for Plaintiffs

Orders

  • Declaration of title in favour of Plaintiffs over the disputed land
  • Perpetual injunction restraining Defendants and their agents from encroaching the land