Yamson and Others Vrs Nyarkoh and Another [2022] GHADC 195 (8 November 2022)

Yamson and Others Vrs Nyarkoh and Another [2022] GHADC 195 (8 November 2022)

Plaintiffs established identity, boundaries, and root of title to the disputed land through corroborated evidence. Defendants failed to prove root of title or identity of land. Plaintiffs entitled to declaration of title, recovery of possession, perpetual injunction, and compensation for destroyed coconut seedlings. Defendants' counterclaim dismissed.

Citation
Yamson and Others Vrs Nyarkoh and Another [2022] GHADC 195 (8 November 2022)
Parties
Plaintiff: George Yamson & 2 Ors; Defendant: Kwame Nyarkoh & Anor
Court
ghadc
Jurisdiction
Ghana
Judgment Date
8 November 2022
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Plaintiffs' claims granted; Defendants' counterclaim dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Damages, Counterclaim
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Damages Counterclaim

Case Brief

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Parties

George Yamson & 2 Ors

Plaintiff

Kwame Nyarkoh & Anor

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether Plaintiffs have title to the disputed land
  2. 2 Whether perpetual injunction should be granted against Defendants
  3. 3 Whether Defendants caused damage to Plaintiffs' crops

Ratio Decidendi

Plaintiffs established identity, boundaries, and root of title to the disputed land through corroborated evidence. Defendants failed to prove root of title or identity of land. Plaintiffs entitled to declaration of title, recovery of possession, perpetual injunction, and compensation for destroyed coconut seedlings. Defendants' counterclaim dismissed.

Court Disposition

Plaintiffs' claims granted; Defendants' counterclaim dismissed

Orders

  • Plaintiffs declared as having better title to the disputed land
  • Plaintiffs to recover possession of the entire land