ADESU VRS CLOTTEY (C1/13/2020) [2024] GHACC 209 (29 January 2024)

ADESU VRS CLOTTEY (C1/13/2020) [2024] GHACC 209 (29 January 2024)

Plaintiff demonstrated possession and control of the disputed land, took steps to exclude defendants, and defendants failed to establish a better right; plaintiff entitled to declaration of title, recovery of possession, injunction, damages, and costs.

Citation
ADESU VRS CLOTTEY (C1/13/2020) [2024] GHACC 209 (29 January 2024)
Parties
Plaintiff: Francis Kwame Adesu; 1st Defendant: Nii Asafoatse Clottey; 2nd Defendant: Azumah Ayabigah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
29 January 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Declaration of Title to Land, Trespass, Perpetual Injunction, Damages, Recovery of Possession
Source Language
eng
Property Law Civil Procedure Declaration of Title to Land Trespass Perpetual Injunction Damages Recovery of Possession

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Parties

Francis Kwame Adesu

Plaintiff

Nii Asafoatse Clottey

1st Defendant

Azumah Ayabigah

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiff has proven title to the disputed land
  2. 2 Whether defendants trespassed on plaintiff's land
  3. 3 Whether plaintiff is entitled to damages and injunction

Ratio Decidendi

Plaintiff demonstrated possession and control of the disputed land, took steps to exclude defendants, and defendants failed to establish a better right; plaintiff entitled to declaration of title, recovery of possession, injunction, damages, and costs.

Court Disposition

Judgment for plaintiff

Orders

  • Plaintiff declared owner of the described land at Ashalaja.
  • Plaintiff to recover possession of the land.