Zigah Vrs Sarpong and Another [2023] GHADC 190 (28 July 2023)

Plaintiff failed to describe the land in dispute or provide sufficient particulars to identify it, which is a mandatory requirement for a declaration of title; therefore, all claims must fail.

Citation: [2023] GHADC 190
Parties: Plaintiff: Clemence Zigah; 1st Defendant (non Suited): Nana Mbia Sarpong; 2nd Defendant: Adam Shei Waad
Court: District Court
Jurisdiction: Ghana
Judgment Date: 28 July 2023
Procedural Posture: Civil / Judgment
Outcome: plaintiff's claim dismissed
Legal Topics: Declaration of Title, Trespass, Perpetual Injunction, Burden of Proof, Description of Land
Source Language: English

Land Law Declaration of Title Trespass Perpetual Injunction Burden of Proof Description of Land

Case Brief

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Parties

Clemence Zigah

Plaintiff

Nana Mbia Sarpong

1st Defendant (non Suited)

Adam Shei Waad

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to declaration of title to the land in dispute
2 Whether an order for perpetual injunction should be directed at the defendant from interfering with the land in dispute

Ratio Decidendi

Plaintiff failed to describe the land in dispute or provide sufficient particulars to identify it, which is a mandatory requirement for a declaration of title; therefore, all claims must fail.

Court Disposition

plaintiff's claim dismissed

Orders

all claims dismissed
no order as to costs