Yeboah Vrs Sowa and 4 Others [2022] GHAHC 102 (1 November 2022)

Yeboah Vrs Sowa and 4 Others [2022] GHAHC 102 (1 November 2022)

Plaintiff's unchallenged evidence and documentary proof establish, on the preponderance of probabilities, his entitlement to a right of way over the disputed land, recovery of possession, and an injunction, as the land is not earmarked for development and the defendants failed to contest the claim.

Source-derived case information.

Citation
Yeboah Vrs Sowa and 4 Others [2022] GHAHC 102 (1 November 2022)
Parties
Plaintiff: Kwabena Yeboah; Defendant: Aron Sowa; Defendant: Mr. Sowa; Defendant: Mr. Laryea; Defendant: Mr. Nash; Defendant: Lands Commission
Court
ghahc
Jurisdiction
Ghana
Judgment Date
1 November 2022
Procedural Posture
Land Dispute / Right of Way / Judgment After Default of Appearance and Defence
Outcome
Judgment for the plaintiff
Legal Topics
Right of Way, Easement, Title to Land, Injunction, Recovery of Possession
Source Language
en
Property Law Land Law Right of Way Easement Title to Land Injunction Recovery of Possession

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kwabena Yeboah

Plaintiff

Aron Sowa

Defendant

Mr. Sowa

Defendant

Mr. Laryea

Defendant

Mr. Nash

Defendant

Lands Commission

Defendant

Procedural Posture

Land Dispute / Right of Way / Judgment After Default of Appearance and Defence

Legal Issues

  1. 1 Whether the plaintiff is entitled to a right of way over the disputed land
  2. 2 Whether the plaintiff is entitled to recovery of possession of the land
  3. 3 Whether the land is earmarked for developmental or constructional purposes

Ratio Decidendi

Plaintiff's unchallenged evidence and documentary proof establish, on the preponderance of probabilities, his entitlement to a right of way over the disputed land, recovery of possession, and an injunction, as the land is not earmarked for development and the defendants failed to contest the claim.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that the disputed land forms part of the plaintiff’s land as a right of way and sole access
  • Order for recovery of possession of the land by the plaintiff