Mensah Vrs Mensah & Another [2022] GHACC 196 (19 December 2022)

Mensah Vrs Mensah & Another [2022] GHACC 196 (19 December 2022)

Plaintiff failed to prove purchase or ownership of the disputed land with any valid indenture or receipt, failed to prove destruction of his structure or special damages, and failed to clearly identify the land in dispute. All claims dismissed.

Citation
[2022] GHACC 196
Parties
Plaintiff: Matthew Mensah; 1st Defendant: Ebus. Ekuma Mensah; 2nd Defendant: Hwebi Yansa
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 December 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff’s claims dismissed
Legal Topics
Title to Land, Special Damages, Injunctions, Burden of Proof
Source Language
English
Land Law Civil Procedure Title to Land Special Damages Injunctions Burden of Proof

Case Brief

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Parties

Matthew Mensah

Plaintiff

Ebus. Ekuma Mensah

1st Defendant

Hwebi Yansa

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the 1st Defendant and his family sold the plots in dispute to the Plaintiff
  2. 2 Whether the 2nd Defendant caused destruction to the Plaintiff’s structure on the disputed land
  3. 3 Whether the Defendants have any legal interest in the disputed land

Ratio Decidendi

Plaintiff failed to prove purchase or ownership of the disputed land with any valid indenture or receipt, failed to prove destruction of his structure or special damages, and failed to clearly identify the land in dispute. All claims dismissed.

Court Disposition

Plaintiff’s claims dismissed

Orders

  • Plaintiff’s claims dismissed in entirety
  • Plaintiff to pay costs of Five Thousand Ghana Cedis (GH¢5,000.00) to Defendants