OLADEJI VRS ATIAPAH SENIOR (C1/10/2022) [2024] GHACC 207 (24 July 2024)

OLADEJI VRS ATIAPAH SENIOR (C1/10/2022) [2024] GHACC 207 (24 July 2024)

Plaintiff proved ownership and possession of the disputed land by documentary evidence and credible testimony. Defendants failed to prove fraudulent tampering or prior title. The land granted to Plaintiff in 2013 is distinct from that granted to 1st Defendant in 2015. Activities of 1st Defendant on Plaintiff’s land constitute trespass. Plaintiff is entitled to declaration of title, recovery of possession, damages, injunction, and costs. Defendants’ counterclaim fails entirely.

Citation
OLADEJI VRS ATIAPAH SENIOR (C1/10/2022) [2024] GHACC 207 (24 July 2024)
Parties
Plaintiff: Comfort Abeni Oladeji; 1st Defendant: Samuel Atiapah Senior; 2nd Defendant: Dolamp Farms Estate Development Co. Ltd.
Court
ghacc
Jurisdiction
Ghana
Judgment Date
24 July 2024
Procedural Posture
Civil Land Title and Possession / Final Judgment
Outcome
Judgment for Plaintiff; Defendants’ counterclaim dismissed.
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Double Sale, Perpetual Injunction, Burden of Proof
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Trespass Double Sale Perpetual Injunction Burden of Proof

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Parties

Comfort Abeni Oladeji

Plaintiff

Samuel Atiapah Senior

1st Defendant

Dolamp Farms Estate Development Co. Ltd.

2nd Defendant

Procedural Posture

Civil Land Title and Possession / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff is the bonafide owner of the land in dispute
  2. 2 Whether Plaintiff is in possession of the disputed land
  3. 3 Whether Plaintiff had notice of 1st Defendant’s interest before instituting action

Ratio Decidendi

Plaintiff proved ownership and possession of the disputed land by documentary evidence and credible testimony. Defendants failed to prove fraudulent tampering or prior title. The land granted to Plaintiff in 2013 is distinct from that granted to 1st Defendant in 2015. Activities of 1st Defendant on Plaintiff’s land constitute trespass. Plaintiff is entitled to declaration of title, recovery of possession, damages, injunction, and costs. Defendants’ counterclaim fails entirely.

Court Disposition

Judgment for Plaintiff; Defendants’ counterclaim dismissed.

Orders

  • Declaration of title in favour of Plaintiff for land at Nsakina-Accra (0.16 Acre/0.06 Hectare) as described.
  • Recovery of possession by Plaintiff of the described land.