ACHIAA VRS AMOAKO (A1/26/2023) [2024] GHADC 328 (16 August 2024)

ACHIAA VRS AMOAKO (A1/26/2023) [2024] GHADC 328 (16 August 2024)

The court found, based on physical planning officers' measurements and site visit, that the defendant was developing his own land and had not trespassed on the plaintiff's land. The plaintiff failed to prove her case on a balance of probabilities.

Citation
[2024] GHADC 328
Parties
Plaintiff: Comfort Achiaa; Defendant: Justice Amoako
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 August 2024
Case Number
A1/26/2023
Procedural Posture
Civil / Judgment
Outcome
plaintiff's suit dismissed
Legal Topics
Declaration of Title, Trespass, Recovery of Possession
Source Language
English
Land Law Declaration of Title Trespass Recovery of Possession

Case Brief

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Parties

Comfort Achiaa

Plaintiff

Justice Amoako

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to the disputed portion of land
  2. 2 Whether the defendant trespassed on the plaintiff's land

Ratio Decidendi

The court found, based on physical planning officers' measurements and site visit, that the defendant was developing his own land and had not trespassed on the plaintiff's land. The plaintiff failed to prove her case on a balance of probabilities.

Court Disposition

plaintiff's suit dismissed

Orders

  • Plaintiff's claim dismissed as frivolous
  • Each party to bear their own costs