ANNOR VRS YARO & ANOTHER (C1/03/2023) [2024] GHACC 235 (31 May 2024)

ANNOR VRS YARO & ANOTHER (C1/03/2023) [2024] GHACC 235 (31 May 2024)

Plaintiff proved acquisition and possession of land by credible evidence, defendants failed to rebut or substantiate their claims, and plaintiff is entitled to reliefs sought. Unstamped documents excluded, but oral and other evidence sufficed.

Citation
ANNOR VRS YARO & ANOTHER (C1/03/2023) [2024] GHACC 235 (31 May 2024)
Parties
Plaintiff: Kwesi Annor; 1st Defendant: Mr Yaro; 2nd Defendant: Owusu Boye Atta Senior
Court
ghacc
Jurisdiction
Ghana
Judgment Date
31 May 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Damages, Perpetual Injunction
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Trespass Damages Perpetual Injunction

Case Brief

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Parties

Kwesi Annor

Plaintiff

Mr Yaro

1st Defendant

Owusu Boye Atta Senior

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to the reliefs sought
  2. 2 Whether plaintiff bought the land from Kwame Amankwah in 2007 at GH¢2,500
  3. 3 Whether an indenture and site plan evidenced transfer of interest

Ratio Decidendi

Plaintiff proved acquisition and possession of land by credible evidence, defendants failed to rebut or substantiate their claims, and plaintiff is entitled to reliefs sought. Unstamped documents excluded, but oral and other evidence sufficed.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration of title and recovery of possession of the disputed land at Bema, Duayaw Nkwanta stool land
  • General damages for trespass assessed at GH¢1,000