Adukpo Vrs Darrah [2022] GHADC 288 (18 November 2022)

Adukpo Vrs Darrah [2022] GHADC 288 (18 November 2022)

Plaintiff established possession and boundaries of inherited land on balance of probabilities through credible witnesses; defendants failed to rebut with sufficient evidence or prove arbitration award; plaintiff entitled to declaration of title, injunction, and damages.

Citation
[2022] GHADC 288
Parties
Plaintiff: Kwabla Vidzagla Adukpo; Defendant: Yaovi Darrah; Defendant: Kwaku Darrah
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 November 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Injunction, Trespass, Damages, Burden of Proof
Source Language
English
Land Law Tort Declaration of Title Injunction Trespass Damages Burden of Proof

Case Brief

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Parties

Kwabla Vidzagla Adukpo

Plaintiff

Yaovi Darrah

Defendant

Kwaku Darrah

Defendant

Procedural Posture

Civil / 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 possession and boundaries of inherited land on balance of probabilities through credible witnesses; defendants failed to rebut with sufficient evidence or prove arbitration award; plaintiff entitled to declaration of title, injunction, and damages.

Court Disposition

judgment for plaintiff

Orders

  • Declaration of title to plaintiff
  • Perpetual injunction against defendants and their agents