Agyei v Owoo (LD/0014/2018) [2025] GHAHC 89 (13 March 2025)

Agyei v Owoo (LD/0014/2018) [2025] GHAHC 89 (13 March 2025)

The plaintiff established her registered title to the disputed land and proved, on a preponderance of probabilities, that the defendant’s building and boundary wall physically encroached onto her land, amounting to trespass. The defendant’s claim of a public access route was not substantiated by evidence sufficient...

Source-derived case information.

Citation
[2025] GHAHC 89
Parties
Plaintiff: Gladys Anita Agyei; Defendant: Ben Attipoe Owoo
Court
High Court
Jurisdiction
Ghana
Judgment Date
13 March 2025
Case Number
LD/0014/2018
Procedural Posture
Land Dispute (civil) / Judgment After Full Trial
Outcome
Plaintiff’s claim for declaration of title and injunction granted in part; order for removal of encroaching structures granted; claim for removal of sand and stones refused; costs awarded to plaintiff.
Legal Topics
Declaration of Title, Trespass, Injunctions, Land Registration, Burden of Proof
Source Language
english
Land Law Civil Procedure Declaration of Title Trespass Injunctions Land Registration Burden of Proof

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Parties

Gladys Anita Agyei

Plaintiff

Ben Attipoe Owoo

Defendant

Procedural Posture

Land Dispute (civil) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the plaintiff built an uncompleted one storey building on her land and constructed a fence wall around the land
  2. 2 Whether the defendant caused the fence wall constructed by the plaintiff to be demolished
  3. 3 Whether the defendant developed a two-bedroom single storey house across the stream and onto a portion of plaintiff’s land

Ratio Decidendi

The plaintiff established her registered title to the disputed land and proved, on a preponderance of probabilities, that the defendant’s building and boundary wall physically encroached onto her land, amounting to trespass. The defendant’s claim of a public access route was not substantiated by evidence sufficient to override the plaintiff’s registered title. The plaintiff failed to prove the defendant demolished her fence wall or deposited sand and stones, but succeeded in proving encroachment and entitlement to injunctive relief and removal of encroaching structures.

Court Disposition

Plaintiff’s claim for declaration of title and injunction granted in part; order for removal of encroaching structures granted; claim for removal of sand and stones refused; costs awarded to plaintiff.

Orders

  • Declaration that plaintiff is lawful owner of the land covered by Land Title Certificate No. GA.51728, Volume 69, Folio 386
  • Defendant to remove at his own expense any portions of his boundary walls, house extensions, or other structures encroaching on plaintiff’s land within six months