GYIMAH VRS ODUM (A1/25/2024) [2024] GHADC 331 (27 August 2024)

GYIMAH VRS ODUM (A1/25/2024) [2024] GHADC 331 (27 August 2024)

Plaintiff proved ownership and entitlement to the land except for a 4-foot encroachment established by site inspection; defendant failed to prove any agreement for equal division. Defendant's self-help destruction of the manhole was unlawful, warranting damages.

Citation
GYIMAH VRS ODUM (A1/25/2024) [2024] GHADC 331 (27 August 2024)
Parties
Plaintiff: Justice Barimah Gyimah; Plaintiff's Attorney: Elizabeth Gyimah; Defendant: Debrah Odum
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 August 2024
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Declaration of Title, Trespass, Damages, Burden of Proof
Source Language
eng
Property Law Tort Law Declaration of Title Trespass Damages Burden of Proof

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Justice Barimah Gyimah

Plaintiff

Elizabeth Gyimah

Plaintiff's Attorney

Debrah Odum

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to the disputed land
  2. 2 Whether the plaintiff is entitled to recovery of possession
  3. 3 Whether the plaintiff is entitled to damages for destruction of the manhole

Ratio Decidendi

Plaintiff proved ownership and entitlement to the land except for a 4-foot encroachment established by site inspection; defendant failed to prove any agreement for equal division. Defendant's self-help destruction of the manhole was unlawful, warranting damages.

Court Disposition

judgment for plaintiff in part

Orders

  • Declaration of title to the land in issue less 4 feet encroached
  • Plaintiff to recover possession of the land less 4 feet