ADU VRS OSEI (A1/26/2021) [2024] GHADC 340 (15 April 2024)

ADU VRS OSEI (A1/26/2021) [2024] GHADC 340 (15 April 2024)

Plaintiff established root of title, possession, and credible boundary features, supported by admissions from defendants; thus, entitled to declaration of title, recovery of possession, and injunction.

Citation
ADU VRS OSEI (A1/26/2021) [2024] GHADC 340 (15 April 2024)
Parties
Plaintiff: Opanin Kwaku Adu; 1st Defendant: Yaw Osei; 2nd Defendant: Ama Agyeiwaa
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 April 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Burden of Proof
Source Language
eng
Land Law Declaration of Title Recovery of Possession Perpetual Injunction Burden of Proof

Case Brief

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Parties

Opanin Kwaku Adu

Plaintiff

Yaw Osei

1st Defendant

Ama Agyeiwaa

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to the disputed land
  2. 2 Whether the plaintiff is entitled to recovery of possession and perpetual injunction

Ratio Decidendi

Plaintiff established root of title, possession, and credible boundary features, supported by admissions from defendants; thus, entitled to declaration of title, recovery of possession, and injunction.

Court Disposition

Judgment for the plaintiff.

Orders

  • Declaration of title to three and a half acres in favor of plaintiff
  • Recovery of possession to plaintiff forthwith