IMORO VRS YAKUBU (A1/14/23) [2024] GHADC 381 (6 February 2024)

IMORO VRS YAKUBU (A1/14/23) [2024] GHADC 381 (6 February 2024)

The defendant encroached onto the plaintiff’s land (plots 81 and 82) as evidenced by the court-appointed surveyor’s report and lack of valid site plan or permit by the defendant; plaintiff proved ownership and entitlement to reliefs sought on the balance of probabilities.

Citation
IMORO VRS YAKUBU (A1/14/23) [2024] GHADC 381 (6 February 2024)
Parties
Plaintiff: Malia Imoro; Defendant: Utaz Mohammed Yakubu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
6 February 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff; defendant’s counterclaim dismissed.
Legal Topics
Title to Land, Trespass, Injunctions, Damages, Survey Evidence
Source Language
eng
Land Law Tort Law Title to Land Trespass Injunctions Damages Survey Evidence

Case Brief

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Parties

Malia Imoro

Plaintiff

Utaz Mohammed Yakubu

Defendant

Procedural Posture

Civil Land Dispute / 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

The defendant encroached onto the plaintiff’s land (plots 81 and 82) as evidenced by the court-appointed surveyor’s report and lack of valid site plan or permit by the defendant; plaintiff proved ownership and entitlement to reliefs sought on the balance of probabilities.

Court Disposition

Judgment for the plaintiff; defendant’s counterclaim dismissed.

Orders

  • Declaration that plaintiff is owner of plots 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 in Exhibit CW2) by 27th February, 2024.