OGGAH & ANOTHER VRS ATTAH & ANOTHER (NR/BB/DC/A1/01/2024) [2024] GHADC 423 (26 March 2024)

OGGAH & ANOTHER VRS ATTAH & ANOTHER (NR/BB/DC/A1/01/2024) [2024] GHADC 423 (26 March 2024)

Plaintiffs established by credible evidence that the disputed land was granted to their family by the chief of Bachado and that Defendants destroyed cassava crops on the land, entitling Plaintiffs to declaration of title, recovery of possession, injunction, damages, and costs.

Citation
OGGAH & ANOTHER VRS ATTAH & ANOTHER (NR/BB/DC/A1/01/2024) [2024] GHADC 423 (26 March 2024)
Parties
Plaintiff: Oggah Peter Magan; Plaintiff: Gurundo Beyi; Defendant: Wamol Attah; Defendant: Wamol Kwasi
Court
ghadc
Jurisdiction
Ghana
Judgment Date
26 March 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Title to Land, Possession, Injunction, Damages for Destruction of Property
Source Language
eng
Land Law Tort Title to Land Possession Injunction Damages for Destruction of Property

Case Brief

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Parties

Oggah Peter Magan

Plaintiff

Gurundo Beyi

Plaintiff

Wamol Attah

Defendant

Wamol Kwasi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed land was granted to the Plaintiffs’ family by the chief of Bachado
  2. 2 Whether the Defendants destroyed the 1st Plaintiff’s cassava farm by spraying with weedicides

Ratio Decidendi

Plaintiffs established by credible evidence that the disputed land was granted to their family by the chief of Bachado and that Defendants destroyed cassava crops on the land, entitling Plaintiffs to declaration of title, recovery of possession, injunction, damages, and costs.

Court Disposition

Judgment for Plaintiffs

Orders

  • Declaration that the six acres of farm land is the property of the 2nd Plaintiff.
  • Recovery and possession of the said land to Plaintiffs.