ANIMAH VRS ABU & ANOTHER (1/59/2017) [2024] GHADC 250 (28 March 2024)

Plaintiff proved her root of title, possession, and acts of ownership; defendants failed to controvert evidence; judgment entered for plaintiff based on preponderance of probabilities.

Citation: ANIMAH VRS ABU & ANOTHER (1/59/2017) [2024] GHADC 250 (28 March 2024)
Parties: Plaintiff: Maame Akosua Animah; Defendant: Abu; Defendant: Kofi Addo
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 28 March 2024
Procedural Posture: Civil / Final Judgment
Outcome: judgment for plaintiff
Legal Topics: Declaration of Title, Recovery of Possession, Trespass, Injunction
Source Language: eng

Property Law Customary Succession Declaration of Title Recovery of Possession Trespass Injunction

Case Brief

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Parties

Maame Akosua Animah

Plaintiff

Abu

Defendant

Kofi Addo

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether the disputed farmland is the property of the plaintiff
2 Whether the plaintiff has valid title to the farmland
3 Whether the defendants trespassed onto the disputed land

Ratio Decidendi

Plaintiff proved her root of title, possession, and acts of ownership; defendants failed to controvert evidence; judgment entered for plaintiff based on preponderance of probabilities.

Court Disposition

judgment for plaintiff

Orders

Plaintiff declared owner and to take possession of disputed land
Defendants to pay GH₵3,000.00 as general damages for trespass