CYRIL YEBOAH VRS AWUDU YAKUBU (C1/02/2022) [2024] GHAHC 372 (3 December 2024)

CYRIL YEBOAH VRS AWUDU YAKUBU (C1/02/2022) [2024] GHAHC 372 (3 December 2024)

Plaintiff is clothed with capacity to sue and has established valid grant and possession of the disputed land for over 20 years. Defendants failed to prove land is State land or that plaintiff's title is invalid. The evidence, including composite site plan, corroborates plaintiff's claim and boundaries. Statutory violations alleged by defendants do not defeat plaintiff's claim. Reliefs for declaration of title, recovery of possession, injunction, damages, and costs are granted.

Citation
CYRIL YEBOAH VRS AWUDU YAKUBU (C1/02/2022) [2024] GHAHC 372 (3 December 2024)
Parties
Plaintiff: Cyril Yeboah; 1st Defendant: Awudu Yakubu; 2nd Defendant: Kweku Temeng
Court
ghahc
Jurisdiction
Ghana
Judgment Date
3 December 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Declaration of Title, Trespass, Recovery of Possession, Perpetual Injunction, Damages, Statute of Limitation, Capacity to Sue
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Recovery of Possession Perpetual Injunction Damages Statute of Limitation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 34 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cyril Yeboah

Plaintiff

Awudu Yakubu

1st Defendant

Kweku Temeng

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiff has a valid grant of the disputed parcels of land from his grantor
  2. 2 Whether plaintiff has been in possession of the disputed parcels of land for the past 20 years
  3. 3 Whether 1st defendant has a valid grant of his part of the disputed parcel of land from his grantor

Ratio Decidendi

Plaintiff is clothed with capacity to sue and has established valid grant and possession of the disputed land for over 20 years. Defendants failed to prove land is State land or that plaintiff's title is invalid. The evidence, including composite site plan, corroborates plaintiff's claim and boundaries. Statutory violations alleged by defendants do not defeat plaintiff's claim. Reliefs for declaration of title, recovery of possession, injunction, damages, and costs are granted.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration of title to the land described in the Statement of Claim to the plaintiff
  • Recovery of possession of the disputed land by the plaintiff