Kyeremaa Vrs Osei [2023] GHADC 101 (27 March 2023)

The defendant failed to appear or defend the suit despite proper and substituted service, and the plaintiff's evidence was uncontroverted; therefore, judgment is entered for the plaintiff for declaration of title, recovery of possession, injunction, and nullification of any purported sale.

Citation: [2023] GHADC 101
Parties: Plaintiff: Joyce Kyeremaa; Defendant: Nana Osei
Court: District Court
Jurisdiction: Ghana
Judgment Date: 27 March 2023
Procedural Posture: Civil / Judgment
Outcome: judgment for the plaintiff
Legal Topics: Declaration of Title, Recovery of Possession, Injunction, Substituted Service, Default Judgment
Source Language: English

Land Law Civil Procedure Declaration of Title Recovery of Possession Injunction Substituted Service Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Joyce Kyeremaa

Plaintiff

Nana Osei

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to declaration and recovery of possession of plot No. 201 Block 'B' Sector 2 at Dormaa Ahenkro
2 Whether the defendant trespassed on the plaintiff's land
3 Whether a perpetual injunction should be granted against the defendant

Ratio Decidendi

Court Disposition

judgment for the plaintiff

Orders

Title to plot No. 201 Block 'B' Sector 2 at Dormaa Ahenkro vested in the plaintiff
Perpetual injunction against the defendant, his agents, servants, privies, and assigns