Faustina Vrs Addae [2023] GHADC 85 (16 January 2023)

Faustina Vrs Addae [2023] GHADC 85 (16 January 2023)

The defendant proved by documentary evidence and corroborating witnesses that he purchased the disputed land from the plaintiff’s late father in accordance with the law. The plaintiff failed to discharge the burden of proof to show otherwise. However, the defendant exceeded the boundaries of the land sold to him and trespassed onto the plaintiff’s remaining land by 74 feet.

Citation
[2023] GHADC 85
Parties
Plaintiff: Benyanaase Faustina; Defendant: Akwasi Addae
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 January 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff’s claim for declaration of title is dismissed; claim for recovery of possession of trespassed portion is granted; no order as to costs.
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Injunction, Burden of Proof, Sale of Land, Conveyancing
Source Language
English
Land Law Declaration of Title Recovery of Possession Trespass Injunction Burden of Proof Sale of Land Conveyancing

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Parties

Benyanaase Faustina

Plaintiff

Akwasi Addae

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff’s late father sold the disputed parcel of land to defendant
  2. 2 Whether the defendant has trespassed on plaintiff’s remaining plot of land

Ratio Decidendi

The defendant proved by documentary evidence and corroborating witnesses that he purchased the disputed land from the plaintiff’s late father in accordance with the law. The plaintiff failed to discharge the burden of proof to show otherwise. However, the defendant exceeded the boundaries of the land sold to him and trespassed onto the plaintiff’s remaining land by 74 feet.

Court Disposition

Plaintiff’s claim for declaration of title is dismissed; claim for recovery of possession of trespassed portion is granted; no order as to costs.

Orders

  • Plaintiff to recover possession of 74 feet trespassed by defendant
  • No order as to costs