HAYFORD VRS PAINTSIL (A9/01/2022) [2022] GHADC 430 (15 March 2022)

HAYFORD VRS PAINTSIL (A9/01/2022) [2022] GHADC 430 (15 March 2022)

Plaintiff established title to the land by deed of assignment and possession, and proved trespass by defendant. Plaintiff failed to prove expenditure on the fence wall due to lack of documentary evidence. Judgment entered for plaintiff on title and general damages for trespass; claim for reimbursement of fence wall expenses dismissed.

Citation
[2022] GHADC 430
Parties
Plaintiff: Nana Hayford; Defendant: Peter Paintsil
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 March 2022
Case Number
A9/01/2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Declaration of Title, Trespass, Damages, Injunction, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Damages Injunction Burden of Proof

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Parties

Nana Hayford

Plaintiff

Peter Paintsil

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plaintiff has title to the land described in the deed of assignment
  2. 2 Whether plaintiff is entitled to recovery of Gh₵5,000.00 for construction of fence wall
  3. 3 Whether plaintiff is entitled to general damages for trespass

Ratio Decidendi

Plaintiff established title to the land by deed of assignment and possession, and proved trespass by defendant. Plaintiff failed to prove expenditure on the fence wall due to lack of documentary evidence. Judgment entered for plaintiff on title and general damages for trespass; claim for reimbursement of fence wall expenses dismissed.

Court Disposition

judgment for plaintiff in part

Orders

  • Title to the land decreed in plaintiff
  • Defendant, his agents, assigns, privies, workmen perpetually restrained from interfering with the land