AYABA VRS YILEYI (A1/41/19) [2024] GHADC 259 (22 April 2024)

AYABA VRS YILEYI (A1/41/19) [2024] GHADC 259 (22 April 2024)

Plaintiff proved ownership of plot 11B Block ‘C’ New Dormaa Extension Sector 1 by documentary evidence, long possession, and expert surveyor’s report. Defendant’s new construction encroached by one foot onto plaintiff’s plot. Defendant failed to challenge expert evidence, amounting to admission. Judgment for plaintiff.

Citation
AYABA VRS YILEYI (A1/41/19) [2024] GHADC 259 (22 April 2024)
Parties
Plaintiff: Madam Talata Ayaba; Defendant: Bismark Yileyi
Court
ghadc
Jurisdiction
Ghana
Judgment Date
22 April 2024
Procedural Posture
Declaration of Title and Trespass / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Trespass, Burden of Proof, Expert Evidence
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Burden of Proof Expert Evidence

Case Brief

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Parties

Madam Talata Ayaba

Plaintiff

Bismark Yileyi

Defendant

Procedural Posture

Declaration of Title and Trespass / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is the owner of plot number 11B Block ‘C’ New Dormaa Extension Sector 1
  2. 2 Whether the defendant has trespassed onto plaintiff’s land by construction of his house

Ratio Decidendi

Plaintiff proved ownership of plot 11B Block ‘C’ New Dormaa Extension Sector 1 by documentary evidence, long possession, and expert surveyor’s report. Defendant’s new construction encroached by one foot onto plaintiff’s plot. Defendant failed to challenge expert evidence, amounting to admission. Judgment for plaintiff.

Court Disposition

judgment for plaintiff

Orders

  • Declaration of title to plot 11B Block ‘C’ New Dormaa Extension Sector 1 in favour of plaintiff
  • Recovery of possession of the plot by plaintiff