SEPENU VRS SAYIBU (A2/22/23) [2024] GHADC 410 (10 May 2024)

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

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Parties

Daniel Sepenu

Plaintiff

Nuhu Sayibu

Defendant

Procedural Posture

Land Dispute / Judgment

  1. 1 Whether the plaintiff is the owner of the disputed land
  2. 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.