Dankwa Vrs Gyau [2023] GHADC 169 (21 June 2023)

Dankwa Vrs Gyau [2023] GHADC 169 (21 June 2023)

The plaintiff failed to prove his root of title, acquisition, and possession of the disputed land on a balance of probabilities. No corroborative evidence was provided, and the defendant's possession was not challenged. The plaintiff's case failed for lack of proof.

Citation
[2023] GHADC 169
Parties
Plaintiff: Dankwa Joseph; Defendant: Gyau Joseph
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 June 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's case dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Trespass Perpetual Injunction Burden of Proof

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dankwa Joseph

Plaintiff

Gyau Joseph

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed land is the property of the plaintiff
  2. 2 Whether the plaintiff has valid title to the land in dispute
  3. 3 Whether the plaintiff is entitled to recovery of possession

Ratio Decidendi

The plaintiff failed to prove his root of title, acquisition, and possession of the disputed land on a balance of probabilities. No corroborative evidence was provided, and the defendant's possession was not challenged. The plaintiff's case failed for lack of proof.

Court Disposition

Plaintiff's case dismissed

Orders

  • Plaintiff's case is dismissed
  • Cost of Gh₵1,000.00 awarded to the defendant against the plaintiff