Adukpo Vrs Darrah and Another [2022] GHADC 198 (18 November 2022)

Adukpo Vrs Darrah and Another [2022] GHADC 198 (18 November 2022)

Plaintiff established, on a balance of probabilities, possession and boundaries of the inherited land through credible witnesses, and defendants failed to rebut the claim or provide evidence of arbitration or contrary title. Plaintiff also proved trespass and destruction of crops by the 1st defendant, though failed to prove special damages, thus only general damages were awarded.

Citation
[2022] GHADC 198
Parties
Plaintiff: Kwabla Vidzagla Adukpo; 1st Defendant: Yaovi Darrah; 2nd Defendant: Kwaku Darrah
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 November 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Trespass, Damages
Source Language
English
Land Law Tort Declaration of Title Recovery of Possession Perpetual Injunction Trespass Damages

Case Brief

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Parties

Kwabla Vidzagla Adukpo

Plaintiff

Yaovi Darrah

1st Defendant

Kwaku Darrah

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute was allocated to Dogbe Adukpo, father of the plaintiff
  2. 2 Whether the land allocated to the plaintiff’s father was bounded as described in his writ
  3. 3 Whether the defendants destroyed crops on the land belonging to the plaintiff

Ratio Decidendi

Plaintiff established, on a balance of probabilities, possession and boundaries of the inherited land through credible witnesses, and defendants failed to rebut the claim or provide evidence of arbitration or contrary title. Plaintiff also proved trespass and destruction of crops by the 1st defendant, though failed to prove special damages, thus only general damages were awarded.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration of title and ownership of the disputed land in favour of the plaintiff
  • Perpetual injunction restraining defendants, their agents, assigns, and privies from entering the land