IMORO VRS YAKUBU (A1/14/23) [2024] GHADC 94 (6 February 2024)

IMORO VRS YAKUBU (A1/14/23) [2024] GHADC 94 (6 February 2024)

Defendant encroached onto plaintiff's plot no. 81 as evidenced by the composite survey plan and lack of valid site plan or permit. Plaintiff proved ownership and trespass on balance of probabilities. Defendant's counterclaim fails due to insufficient evidence and invalid site plan.

Citation
IMORO VRS YAKUBU (A1/14/23) [2024] GHADC 94 (6 February 2024)
Parties
Plaintiff: Malia Imoro; Defendant: Utaz Mohammed Yakubu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
6 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Land Ownership, Trespass, Injunction, Damages
Source Language
eng
Property Law Tort Law Land Ownership Trespass Injunction Damages

Case Brief

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Parties

Malia Imoro

Plaintiff

Utaz Mohammed Yakubu

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant has encroached onto plot nos. 81 and 82 Taha Residential Area, Block B, Nanton-Taha
  2. 2 Whether either party is entitled to his or her claim

Ratio Decidendi

Defendant encroached onto plaintiff's plot no. 81 as evidenced by the composite survey plan and lack of valid site plan or permit. Plaintiff proved ownership and trespass on balance of probabilities. Defendant's counterclaim fails due to insufficient evidence and invalid site plan.

Court Disposition

judgment for plaintiff

Orders

  • Declaration that plaintiff is owner of plot nos. 81 and 82 Taha Residential Area, Block B, Nanton-Taha
  • Defendant to remove structure illegally erected on plaintiff’s plots (area edged dash blue, marked STR) by 27th February, 2024