Mills Vrs Asante and Another [2023] GHAHC 9 (19 January 2023)

Mills Vrs Asante and Another [2023] GHAHC 9 (19 January 2023)

The Plaintiff established by credible evidence that he acquired the land from the Nii Ayi Kushie family of Ayawaso, took possession, constructed structures, and maintained occupation. The Defendants failed to prove a valid competing title or possession, and their claim of government acquisition was unsupported by evidence. The Plaintiff's title, possession, and acts of ownership were sufficiently demonstrated to warrant a declaration in his favour.

Citation
[2023] GHAHC 9
Parties
Plaintiff: Leonard Odartey Mills; 1st Defendant: Patrick Asante; 2nd Defendant: Stephen Adu
Court
High Court
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim allowed; Defendants restrained; damages and costs awarded to Plaintiff.
Legal Topics
Declaration of Title, Trespass, Injunction, Recovery of Possession, Burden of Proof
Source Language
English
Land Law Declaration of Title Trespass Injunction Recovery of Possession Burden of Proof

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Parties

Leonard Odartey Mills

Plaintiff

Patrick Asante

1st Defendant

Stephen Adu

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land described in the schedule belongs to the Plaintiff
  2. 2 Whether the Plaintiff acquired the land from Nii Tettey Kojo II, Chief of Ayawaso
  3. 3 Whether the Plaintiff went into possession and erected a fence wall with a gate

Ratio Decidendi

The Plaintiff established by credible evidence that he acquired the land from the Nii Ayi Kushie family of Ayawaso, took possession, constructed structures, and maintained occupation. The Defendants failed to prove a valid competing title or possession, and their claim of government acquisition was unsupported by evidence. The Plaintiff's title, possession, and acts of ownership were sufficiently demonstrated to warrant a declaration in his favour.

Court Disposition

Plaintiff's claim allowed; Defendants restrained; damages and costs awarded to Plaintiff.

Orders

  • Declaration of title to the Plaintiff for the land described in the schedule at Ayawaso.
  • Defendants, their agents, and assigns restrained from interfering with Plaintiff's quiet enjoyment of the land.