SEPENU VRS SAYIBU (A2/22/23) [2024] GHADC 410 (10 May 2024)
Neither plaintiff nor defendant is entitled to occupy the disputed land as it is a road reservation under the jurisdiction of the Tamale Metropolitan Assembly; any occupation or grant of rights over the land without lawful authority is invalid.
- Citation
- SEPENU VRS SAYIBU (A2/22/23) [2024] GHADC 410 (10 May 2024)
- Parties
- Plaintiff: Daniel Sepenu; Defendant: Nuhu Sayibu
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 10 May 2024
- Procedural Posture
- Land Dispute / Judgment
- Outcome
- Neither party is entitled to the disputed land; defendant ordered to vacate within one month; no order as to costs.
- Legal Topics
- Title to Land, Road Reservation, Licensor Licensee Relationship, Building Permits, Trespass, Jurisdiction of Local Authorities
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Daniel Sepenu
Plaintiff
Nuhu Sayibu
Defendant
Procedural Posture
Land Dispute / Judgment
Legal Issues
- 1 Whether the plaintiff is the owner of the disputed land
- 2 Whether the defendant by denying the plaintiff's title forfeits the disputed land
Ratio Decidendi
Neither plaintiff nor defendant is entitled to occupy the disputed land as it is a road reservation under the jurisdiction of the Tamale Metropolitan Assembly; any occupation or grant of rights over the land without lawful authority is invalid.
Court Disposition
Neither party is entitled to the disputed land; defendant ordered to vacate within one month; no order as to costs.
Orders
- Defendant to remove his container/kiosk from the disputed land on or before 10th June, 2024.
- No order as to costs.
Full Case Text
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