Dadaboe Vrs Trespasser [2024] GHACC 204 (25 March 2024)

Dadaboe Vrs Trespasser [2024] GHACC 204 (25 March 2024)

Plaintiff established root of title through valid lease and intestate succession; as a beneficiary, she is entitled to declaration of title and injunction against the trespasser. Defendant's failure to respond does not relieve plaintiff of burden of proof, which was satisfied. Nominal damages awarded due to lack of proof of special damages.

Citation
Dadaboe Vrs Trespasser [2024] GHACC 204 (25 March 2024)
Parties
Plaintiff: Gladys Naa–Adei Dadeboe; Defendant: The Trespasser
Court
ghacc
Jurisdiction
Ghana
Judgment Date
25 March 2024
Procedural Posture
Land Dispute / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Trespass to Land, Injunction, Damages, Intestate Succession
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass to Land Injunction Damages Intestate Succession

Case Brief

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Parties

Gladys Naa–Adei Dadeboe

Plaintiff

The Trespasser

Defendant

Procedural Posture

Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff's father owned the disputed land at all material times
  2. 2 Whether the defendant trespassed on the land
  3. 3 Whether the defendant is liable for damages for trespass

Ratio Decidendi

Plaintiff established root of title through valid lease and intestate succession; as a beneficiary, she is entitled to declaration of title and injunction against the trespasser. Defendant's failure to respond does not relieve plaintiff of burden of proof, which was satisfied. Nominal damages awarded due to lack of proof of special damages.

Court Disposition

judgment for plaintiff

Orders

  • Declaration of title to the disputed land in favour of plaintiff
  • Perpetual injunction restraining defendant and agents from dealing with the land