GANYO VRS KRAH (A1/12/21) [2024] GHADC 117 (13 March 2024)

GANYO VRS KRAH (A1/12/21) [2024] GHADC 117 (13 March 2024)

Plaintiff established identity and boundaries of land per sale agreement; Defendant’s evidence was contradictory and not credible regarding boundaries; survey report partially corroborated Plaintiff’s claim; Defendant trespassed on 0.11 acres of Plaintiff’s land.

Citation
GANYO VRS KRAH (A1/12/21) [2024] GHADC 117 (13 March 2024)
Parties
Plaintiff: Felix Kwame Ganyo; Defendant: Ama Krah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
13 March 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Declaration of Title to Land, Trespass, Injunction, Damages
Source Language
eng
Property Law Civil Procedure Declaration of Title to Land Trespass Injunction Damages

Case Brief

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Parties

Felix Kwame Ganyo

Plaintiff

Ama Krah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Defendant trespassed onto a portion of the Plaintiff’s land
  2. 2 Whether the Plaintiff is entitled to declaration of title, injunction, and damages

Ratio Decidendi

Plaintiff established identity and boundaries of land per sale agreement; Defendant’s evidence was contradictory and not credible regarding boundaries; survey report partially corroborated Plaintiff’s claim; Defendant trespassed on 0.11 acres of Plaintiff’s land.

Court Disposition

Judgment for Plaintiff

Orders

  • Plaintiff declared owner of two acres of farmland at Akwatesu, Akim Swedru.
  • Any purported sale of 0.11 acres or part of Plaintiff’s land by Defendant is null and void.