Ntori Vrs Abena [2023] GHADC 261 (6 April 2023)

Ntori Vrs Abena [2023] GHADC 261 (6 April 2023)

The plaintiff provided superior and weightier evidence of ownership and long possession, supported by documentary evidence and corroborated by witnesses, while the defendants failed to substantiate their claim or call relevant witnesses. The court found the disputed land belongs to the plaintiff and the defendants...

Source-derived case information.

Citation
[2023] GHADC 261
Parties
Plaintiff: Margaret Ntori; Defendant: Maa Abena; Defendant: Eunice; Defendant: Lydia; Defendant: Bashiru; Defendant: Kwasi Sarfo
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 April 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Trespass, Land Ownership, Ejectment
Source Language
english
Property Law Trespass Land Ownership Ejectment

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Summary, issues, holding and outcome

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Parties

Margaret Ntori

Plaintiff

Maa Abena

Defendant

Eunice

Defendant

Lydia

Defendant

Bashiru

Defendant

Kwasi Sarfo

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the defendants trespassed onto the plaintiff’s land and placed metal containers without consent
  2. 2 Whether the plaintiff is entitled to a declaration of ownership and ejectment of the defendants

Ratio Decidendi

The plaintiff provided superior and weightier evidence of ownership and long possession, supported by documentary evidence and corroborated by witnesses, while the defendants failed to substantiate their claim or call relevant witnesses. The court found the disputed land belongs to the plaintiff and the defendants are trespassers.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that defendants trespassed onto plaintiff’s land and placed containers without consent
  • Defendants to be ejected from the plaintiff’s land