Adufua Vrs Ankomah [2022] GHADC 99 (13 July 2022)

Adufua Vrs Ankomah [2022] GHADC 99 (13 July 2022)

The plaintiff established ownership of plot number 77, block ‘A’, Akrobi South, Wenchi, through documentary evidence and corroborated testimony. The defendant’s encroachment on a portion of this plot was confirmed by the court-appointed Physical Planning Officer. The plaintiff proved her claim on the preponderance of evidence, entitling her to declaration of title, damages, and costs.

Citation
[2022] GHADC 99
Parties
Plaintiff: Faustina Abena Adufua; Defendant: Peter Ankomah
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 July 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Declaration of Title, Trespass, Injunction, Boundary Dispute, Damages
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Boundary Dispute Damages

Case Brief

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Parties

Faustina Abena Adufua

Plaintiff

Peter Ankomah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plot number 77, block ‘A’, Akrobi South-Wenchi is the property of the plaintiff
  2. 2 Whether the defendant trespassed onto the said plot
  3. 3 Whether the trespass is unlawful

Ratio Decidendi

The plaintiff established ownership of plot number 77, block ‘A’, Akrobi South, Wenchi, through documentary evidence and corroborated testimony. The defendant’s encroachment on a portion of this plot was confirmed by the court-appointed Physical Planning Officer. The plaintiff proved her claim on the preponderance of evidence, entitling her to declaration of title, damages, and costs.

Court Disposition

judgment for the plaintiff

Orders

  • Declaration that plot number 77, Block ‘A’, Akrobi South, Wenchi is the property of the plaintiff, including the disputed portion.
  • General damages of Gh₵1,000.00 awarded to the plaintiff.