Ababaasa Vrs Otoo [2022] GHADC 138 (13 December 2022)

Ababaasa Vrs Otoo [2022] GHADC 138 (13 December 2022)

The plaintiff and his witness admitted under cross-examination that only half of plot number 7 was purchased, corroborating the defendant's evidence. Therefore, the plaintiff is only entitled to half of the disputed plot, which he currently occupies.

Citation
[2022] GHADC 138
Parties
Plaintiff: Kojo Ababaasa; Defendant: Op. Otoo
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 December 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for defendant
Legal Topics
Declaration of Title, Injunction, Damages for Trespass, Sale of Land, Burden of Proof
Source Language
English
Land Law Declaration of Title Injunction Damages for Trespass Sale of Land Burden of Proof

Case Brief

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Parties

Kojo Ababaasa

Plaintiff

Op. Otoo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff purchased half or full plot number 7 at Degede

Ratio Decidendi

The plaintiff and his witness admitted under cross-examination that only half of plot number 7 was purchased, corroborating the defendant's evidence. Therefore, the plaintiff is only entitled to half of the disputed plot, which he currently occupies.

Court Disposition

judgment for defendant

Orders

  • Plaintiff is only entitled to half of the disputed plot currently occupied
  • Plaintiff's claims for the remaining half are dismissed