Adjei Vrs Hosunu & Another [2023] GHAHC 250 (13 February 2023)

Adjei Vrs Hosunu & Another [2023] GHAHC 250 (13 February 2023)

Plaintiff established root of title, identity, and possession of the disputed land by cogent evidence, including registered indenture and corroboration by family head. Defendants failed to prove fraud or provide evidence of their own title. Plaintiff is adjudged bona fide owner and defendants have trespassed.

Citation
Adjei Vrs Hosunu & Another [2023] GHAHC 250 (13 February 2023)
Parties
Plaintiff: Francis Kwaku Adjei; Defendant: Vida Hosunu; Defendant: Kofi Anorsigbe
Court
ghahc
Jurisdiction
Ghana
Judgment Date
13 February 2023
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Trespass, Injunction, Vacant Possession, Damages
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Injunction Vacant Possession Damages

Case Brief

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Parties

Francis Kwaku Adjei

Plaintiff

Vida Hosunu

Defendant

Kofi Anorsigbe

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiff is owner of the disputed land by virtue of the indenture dated 29/07/2004
  2. 2 Whether defendants have trespassed onto plaintiff's land
  3. 3 Whether plaintiff's vendor was head of Sam Dzide family

Ratio Decidendi

Plaintiff established root of title, identity, and possession of the disputed land by cogent evidence, including registered indenture and corroboration by family head. Defendants failed to prove fraud or provide evidence of their own title. Plaintiff is adjudged bona fide owner and defendants have trespassed.

Court Disposition

judgment for plaintiff

Orders

  • Declaration of title to disputed land in favour of plaintiff
  • General and special damages for trespass