Sayibu Vrs Mahama [2022] GHADC 238 (31 October 2022)

Sayibu Vrs Mahama [2022] GHADC 238 (31 October 2022)

The defendant’s shed encroaches four feet onto the plaintiff’s land as established by the court-appointed surveyor’s report. Defendant failed to prove adverse possession or acquiescence, and plaintiff is entitled to recovery and injunctions.

Citation
[2022] GHADC 238
Parties
Plaintiff: Dr. Jabril D. Sayibu; Defendant: Abdulai Mahama
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Land Dispute / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Ejectment, Recovery of Possession, Injunctions, Adverse Possession, Burden of Proof
Source Language
English
Land Law Ejectment Recovery of Possession Injunctions Adverse Possession Burden of Proof

Case Brief

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Parties

Dr. Jabril D. Sayibu

Plaintiff

Abdulai Mahama

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the defendant’s shed is on plaintiff’s land
  2. 2 Whether the continued existence of defendant’s shed precludes plaintiff’s claim
  3. 3 Whether plaintiff or defendant is entitled to their respective claims

Ratio Decidendi

The defendant’s shed encroaches four feet onto the plaintiff’s land as established by the court-appointed surveyor’s report. Defendant failed to prove adverse possession or acquiescence, and plaintiff is entitled to recovery and injunctions.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to remove shed/penhouse/structure with immediate effect
  • Plaintiff to recover possession of the four feet encroached land as per composite plan