BAFFOE VRS UNKNOWN DEVELOPER (A1/5/2023) [2022] GHADC 409 (10 November 2022)

BAFFOE VRS UNKNOWN DEVELOPER (A1/5/2023) [2022] GHADC 409 (10 November 2022)

Plaintiff proved ownership of the land by producing an indenture and receipts of payment; Defendant failed to appear despite notice. The Plaintiff is entitled to declaration of title and a perpetual injunction as the legal owner.

Citation
[2022] GHADC 409
Parties
Plaintiff: Charlotte Baffoe; Defendant: Unknown Developer
Court
District Court
Jurisdiction
Ghana
Judgment Date
10 November 2022
Case Number
A1/5/2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim allowed. Declaration of title and perpetual injunction granted. Each party to bear own costs.
Legal Topics
Declaration of Title, Injunctions, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Injunctions Burden of Proof

Case Brief

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Parties

Charlotte Baffoe

Plaintiff

Unknown Developer

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the true owner of the land in dispute
  2. 2 Whether the Plaintiff is entitled to a declaratory relief
  3. 3 Whether the Plaintiff is entitled to a perpetual injunction against the Defendant

Ratio Decidendi

Plaintiff proved ownership of the land by producing an indenture and receipts of payment; Defendant failed to appear despite notice. The Plaintiff is entitled to declaration of title and a perpetual injunction as the legal owner.

Court Disposition

Plaintiff's claim allowed. Declaration of title and perpetual injunction granted. Each party to bear own costs.

Orders

  • Plaintiff declared true owner of Plot Number 9 measuring about 0.28 acres at Essipon.
  • Perpetual injunction granted restraining Defendant, his assigns, workmen, and any other person working in his interest from interfering with the land.