FOSU VRS AMEKOR (A1/02/2022) [2022] GHADC 412 (20 June 2022)

FOSU VRS AMEKOR (A1/02/2022) [2022] GHADC 412 (20 June 2022)

Plaintiff proved ownership by inheritance and long, exclusive possession; Defendants failed to establish valid title or credible evidence of sale or boundaries. Plaintiff established trespass by 1st Defendant. Counterclaim dismissed for lack of proof. Judgment for Plaintiff for all reliefs sought.

Citation
[2022] GHADC 412
Parties
Plaintiff: Comfort Fosu; 1st Defendant: Akubavi Amekor; 2nd Defendant: Simon Drah
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 June 2022
Case Number
A1/02/2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiff; Counterclaim dismissed
Legal Topics
Title to Land, Trespass, Damages, Injunction, Counterclaim
Source Language
English
Land Law Civil Procedure Title to Land Trespass Damages Injunction Counterclaim

Case Brief

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Parties

Comfort Fosu

Plaintiff

Akubavi Amekor

1st Defendant

Simon Drah

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the subject land belongs to the Fosu or Afieke family
  2. 2 Whether the 1st Defendant is entitled to her counterclaim
  3. 3 Whether the Plaintiff is entitled to her claim

Ratio Decidendi

Plaintiff proved ownership by inheritance and long, exclusive possession; Defendants failed to establish valid title or credible evidence of sale or boundaries. Plaintiff established trespass by 1st Defendant. Counterclaim dismissed for lack of proof. Judgment for Plaintiff for all reliefs sought.

Court Disposition

Judgment for Plaintiff; Counterclaim dismissed

Orders

  • 1st Defendant to remove fence wall by 30th September, 2023
  • Plaintiff recovers possession of entire land measuring 275 feet by 149 feet