APPIAH VRS MENSAH (C11\06\2022) [2024] GHAHC 218 (29 February 2024)

APPIAH VRS MENSAH (C11\06\2022) [2024] GHAHC 218 (29 February 2024)

The Plaintiff failed to establish by positive evidence the identity and limits of the land claimed, as well as acts of possession. The Defendant's evidence was corroborated and consistent with his pleadings. The trial Magistrate was justified in relying on the locus inspection and was not required to appoint an expert or surveyor. The appeal lacked merit and was dismissed.

Citation
APPIAH VRS MENSAH (C11\06\2022) [2024] GHAHC 218 (29 February 2024)
Parties
Plaintiff/appellant: Kyeame Appiah (suing for himself and on behalf of his siblings); Defendant/respondent: Daniel Mensah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
29 February 2024
Procedural Posture
Appeal (land Dispute) / Judgment on Appeal
Outcome
Appeal dismissed; trial court judgment affirmed.
Legal Topics
Declaration of Title to Land, Recovery of Possession, Trespass, Perpetual Injunction, Counterclaim, Burden of Proof, Evaluation of Evidence, Locus Inspection
Source Language
eng
Land Law Civil Procedure Declaration of Title to Land Recovery of Possession Trespass Perpetual Injunction Counterclaim Burden of Proof +2 more

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Parties

Kyeame Appiah (suing for himself and on behalf of his siblings)

Plaintiff/appellant

Daniel Mensah

Defendant/respondent

Procedural Posture

Appeal (land Dispute) / Judgment on Appeal

Legal Issues

  1. 1 Whether the judgment of the trial court was against the weight of evidence
  2. 2 Whether the Plaintiff established title and possession to the disputed land
  3. 3 Whether the trial court erred in not appointing an expert or surveyor to determine the extent of the land

Ratio Decidendi

The Plaintiff failed to establish by positive evidence the identity and limits of the land claimed, as well as acts of possession. The Defendant's evidence was corroborated and consistent with his pleadings. The trial Magistrate was justified in relying on the locus inspection and was not required to appoint an expert or surveyor. The appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed; trial court judgment affirmed.

Orders

  • Costs of GH¢10,000 awarded to Defendant/Respondent against Plaintiff/Appellant.