Hinneh Vrs Tabiri & Another [2023] GHADC 141 (6 April 2023)

Hinneh Vrs Tabiri & Another [2023] GHADC 141 (6 April 2023)

The plaintiff proved his root of title and long possession of the land, corroborated by witness evidence, while the defendants failed to establish current possession or rebut the plaintiff's claim. The court found it more probable that the land belongs to the plaintiff and awarded damages for trespass.

Citation
[2023] GHADC 141
Parties
Plaintiff: Op. Kwabena Hinneh; 1st Defendant: Kwaku Tabiri; 2nd Defendant: Abusua Panin Kwame Addo
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 April 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim for declaration of title and damages for trespass granted.
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Damages
Source Language
English
Land Law Tort Declaration of Title Recovery of Possession Trespass Damages

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Parties

Op. Kwabena Hinneh

Plaintiff

Kwaku Tabiri

1st Defendant

Abusua Panin Kwame Addo

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the disputed land belongs to the plaintiff
  2. 2 Whether the plaintiff is entitled to damages for trespass

Ratio Decidendi

The plaintiff proved his root of title and long possession of the land, corroborated by witness evidence, while the defendants failed to establish current possession or rebut the plaintiff's claim. The court found it more probable that the land belongs to the plaintiff and awarded damages for trespass.

Court Disposition

Plaintiff's claim for declaration of title and damages for trespass granted.

Orders

  • Declaration of title and recovery of possession of the disputed land to the plaintiff
  • Defendants to pay GH₵3,000.00 as damages for trespass