BANDA VRS MENSAH (C1/12/19) [2024] GHACC 212 (5 June 2024)

BANDA VRS MENSAH (C1/12/19) [2024] GHACC 212 (5 June 2024)

Plaintiff established on a balance of probabilities that he acquired the disputed land from the lawful head of family prior to Defendant's alleged acquisition. Defendant's evidence was inconsistent and failed to prove root of title. Composite plan confirmed Defendant's construction encroached on Plaintiff's land. Plaintiff's claim succeeds.

Citation
BANDA VRS MENSAH (C1/12/19) [2024] GHACC 212 (5 June 2024)
Parties
Plaintiff: Mohammed Kojo Banda; Defendant: Elizabeth Mensah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
5 June 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Land Title, Trespass, Stamp Duty, Burden of Proof, Injunction
Source Language
eng
Property Law Civil Procedure Land Title Trespass Stamp Duty Burden of Proof Injunction

Case Brief

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Parties

Mohammed Kojo Banda

Plaintiff

Elizabeth Mensah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Defendant's construction has encroached on Plaintiff's land
  2. 2 Whether Plaintiff's grant was prior to Defendant's grant
  3. 3 Whether Defendant's lease was duly executed by the lawful representative

Ratio Decidendi

Plaintiff established on a balance of probabilities that he acquired the disputed land from the lawful head of family prior to Defendant's alleged acquisition. Defendant's evidence was inconsistent and failed to prove root of title. Composite plan confirmed Defendant's construction encroached on Plaintiff's land. Plaintiff's claim succeeds.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration that Defendant's construction encroached on Plaintiff's land as described and edged green on Composite Plan (Exhibit CE2)
  • Recovery of possession of the encroached area hatched black on Composite Plan (Exhibit CE2)