Allotey and Another Vrs Kwame and 7 Others [2023] GHAHC 4 (2 February 2023)

Allotey and Another Vrs Kwame and 7 Others [2023] GHAHC 4 (2 February 2023)

Plaintiffs provided sufficient documentary evidence of title and proved their case on a balance of probabilities; in the absence of defence, judgment is entered for plaintiffs with reliefs granted except for eviction and demolition.

Source-derived case information.

Citation
Allotey and Another Vrs Kwame and 7 Others [2023] GHAHC 4 (2 February 2023)
Parties
Plaintiff: Edward Kpakpo Allotey; Plaintiff: Naa Aku Allotey; Defendant: Mr. Kwame; Defendant: Anthony Kwame Asante; Defendant: Mary Adjei Boateng; Defendant: Mr. Ofori; Defendant: Francis Addo; Defendant: Akwasi Oduro; Defendant: Chief Agorkorli; Defendant: Johnson Mireku
Court
ghahc
Jurisdiction
Ghana
Judgment Date
2 February 2023
Procedural Posture
Civil / Judgment After Default of Defence
Outcome
judgment for plaintiffs in part
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Injunction, Damages, Costs
Source Language
en
Land Law Civil Procedure Declaration of Title Recovery of Possession Trespass Injunction Damages Costs

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Parties

Edward Kpakpo Allotey

Plaintiff

Naa Aku Allotey

Plaintiff

Mr. Kwame

Defendant

Anthony Kwame Asante

Defendant

Mary Adjei Boateng

Defendant

Mr. Ofori

Defendant

Francis Addo

Defendant

Akwasi Oduro

Defendant

Chief Agorkorli

Defendant

Johnson Mireku

Defendant

Procedural Posture

Civil / Judgment After Default of Defence

Legal Issues

  1. 1 Whether plaintiffs are entitled to declaration of title to the disputed land
  2. 2 Whether plaintiffs are entitled to recovery of possession and injunction
  3. 3 Whether plaintiffs are entitled to damages for trespass

Ratio Decidendi

Plaintiffs provided sufficient documentary evidence of title and proved their case on a balance of probabilities; in the absence of defence, judgment is entered for plaintiffs with reliefs granted except for eviction and demolition.

Court Disposition

judgment for plaintiffs in part

Orders

  • Declaration of title to 21.537 acres of land at Weija, Accra granted
  • Recovery of possession from defendants granted