AMOFA VRS OPOKU (A9/1/2021) [2023] GHADC 1191 (29 August 2023)

AMOFA VRS OPOKU (A9/1/2021) [2023] GHADC 1191 (29 August 2023)

Plaintiffs proved by unchallenged documentary evidence their title to the disputed land, established the identity and boundaries, and the defendant failed to contest the claim. Plaintiffs are entitled to the reliefs sought.

Citation
[2023] GHADC 1191
Parties
Plaintiff: Enock Ekow Amofa; Plaintiff: Moses Kwadwo Asante; Defendant: Solomon Opoku
Court
District Court
Jurisdiction
Ghana
Judgment Date
29 August 2023
Case Number
A9/1/2021
Procedural Posture
Civil Land / Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
Declaration of Title, Trespass, Injunction, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Burden of Proof

Case Brief

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Parties

Enock Ekow Amofa

Plaintiff

Moses Kwadwo Asante

Plaintiff

Solomon Opoku

Defendant

Procedural Posture

Civil Land / Judgment

Legal Issues

  1. 1 Whether plaintiffs have established title to Plot No. 17, Block B, Sector 17, Old Abesim
  2. 2 Whether plaintiffs are entitled to recovery of possession and injunction against the defendant

Ratio Decidendi

Plaintiffs proved by unchallenged documentary evidence their title to the disputed land, established the identity and boundaries, and the defendant failed to contest the claim. Plaintiffs are entitled to the reliefs sought.

Court Disposition

Judgment for the plaintiffs

Orders

  • Declaration of title to Plot No. 17, Block B, Sector 17, Old Abesim in favour of plaintiffs
  • Recovery and possession of the land by plaintiffs