Tongo Vrs Baffour [2023] GHADC 86 (14 August 2023)

Tongo Vrs Baffour [2023] GHADC 86 (14 August 2023)

Plaintiff failed to prove her claim on a balance of probabilities as she did not provide sufficient credible evidence to support her claim for GHC7,000. Defendant's evidence that he gave plaintiff ample time to harvest her crops and only realized GHC500 after costs was accepted.

Citation
[2023] GHADC 86
Parties
Plaintiff: Lamisi Tongo; Defendant: Kyei Baffour
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 August 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action dismissed.
Legal Topics
Trespass to Land, Compensation for Crops, Burden of Proof
Source Language
English
Property Law Tort Trespass to Land Compensation for Crops Burden of Proof

Case Brief

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Parties

Lamisi Tongo

Plaintiff

Kyei Baffour

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff established her claim for GHC7,000 for cassava harvested by the defendant without notice.

Ratio Decidendi

Plaintiff failed to prove her claim on a balance of probabilities as she did not provide sufficient credible evidence to support her claim for GHC7,000. Defendant's evidence that he gave plaintiff ample time to harvest her crops and only realized GHC500 after costs was accepted.

Court Disposition

Plaintiff's action dismissed.

Orders

  • Cost of GHC200 awarded against the plaintiff.