Boadu Vrs Amanie & 2 Others [2023] GHADC 244 (10 July 2023)

Boadu Vrs Amanie & 2 Others [2023] GHADC 244 (10 July 2023)

The court found that the disputed swampy land was not part of the land gifted to the 2nd defendant church, but belonged to the plaintiff, and that the defendants had trespassed onto the plaintiff’s land. The plaintiff was therefore entitled to declaration of title, recovery of possession, damages for trespass, and a perpetual injunction.

Citation
[2023] GHADC 244
Parties
Plaintiff: Isaac Boadu; 1st Defendant: Kojo Amanie; 2nd Defendant: The Anglican Church, Sefwi Boinzan; 3rd Defendant: Brother Isaac
Court
District Court
Jurisdiction
Ghana
Judgment Date
10 July 2023 10 July 2023 22 June 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Damages
Source Language
English
Land Law Tort Law Declaration of Title Recovery of Possession Trespass Perpetual Injunction Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Isaac Boadu

Plaintiff

Kojo Amanie

1st Defendant

The Anglican Church, Sefwi Boinzan

2nd Defendant

Brother Isaac

3rd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff’s uncle, Kwabena Tawiah, gave the land to the 2nd defendant church
  2. 2 Whether the disputed swampy land was part of the land gifted to the 2nd defendant church
  3. 3 Whether the disputed land belonged to the plaintiff

Ratio Decidendi

The court found that the disputed swampy land was not part of the land gifted to the 2nd defendant church, but belonged to the plaintiff, and that the defendants had trespassed onto the plaintiff’s land. The plaintiff was therefore entitled to declaration of title, recovery of possession, damages for trespass, and a perpetual injunction.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that plaintiff has title to the disputed land
  • Order for recovery of possession in favour of plaintiff