SIKA II VRS SOPHIA (A1/24/23) [2023] GHADC 788 (18 October 2023)

SIKA II VRS SOPHIA (A1/24/23) [2023] GHADC 788 (18 October 2023)

Plaintiff proved her claim to the land in the absence of the defendant, entitling her to declaration of title, damages for trespass, and injunction.

Citation
[2023] GHADC 788
Parties
Plaintiff: Nana Abroaa Sika II (Oheneyere); Defendant: Sophia
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 October 2023
Case Number
A1/24/23
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff by default
Legal Topics
Declaration of Title, Trespass, Injunction, Default Judgment
Source Language
English
Land Law Declaration of Title Trespass Injunction Default Judgment

Case Brief

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Parties

Nana Abroaa Sika II (Oheneyere)

Plaintiff

Sophia

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to plot number 28
  2. 2 Whether the defendant trespassed on the plaintiff's land
  3. 3 Whether the plaintiff is entitled to damages and injunction

Ratio Decidendi

Plaintiff proved her claim to the land in the absence of the defendant, entitling her to declaration of title, damages for trespass, and injunction.

Court Disposition

judgment for plaintiff by default

Orders

  • Declaration of title to plot number 28 in favour of plaintiff
  • Damages for trespass awarded to plaintiff