George Cramer Vrs Abass [2023] GHADC 595 (17 March 2023)

George Cramer Vrs Abass [2023] GHADC 595 (17 March 2023)

The Plaintiff provided a genuine and reliable site plan certified by the Lands Commission, while the Defendant's site plan was not genuine or certified. The composite plan confirmed the Defendant's structures encroached on the Plaintiff's land. The Plaintiff proved his case on a balance of probabilities.

Citation
[2023] GHADC 595
Parties
Plaintiff: George Cramer; Defendant: Abass
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 March 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Title to Land, Encroachment, Proof of Title
Source Language
English
Land Law Title to Land Encroachment Proof of Title

Case Brief

Summary, issues, holding and outcome

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Parties

George Cramer

Plaintiff

Abass

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed portion of the land belongs to the Plaintiff
  2. 2 Whether the Plaintiff is entitled to his relief

Ratio Decidendi

The Plaintiff provided a genuine and reliable site plan certified by the Lands Commission, while the Defendant's site plan was not genuine or certified. The composite plan confirmed the Defendant's structures encroached on the Plaintiff's land. The Plaintiff proved his case on a balance of probabilities.

Court Disposition

Judgment for the Plaintiff

Orders

  • The Defendant is ordered to remove all structures belonging to him from the Plaintiff’s land.
  • The Plaintiff is to recover vacant possession of the disputed land.