OPPONG VRS FORDJOUR & ANOTHER (A1/25/2018) [2024] GHADC 260 (22 May 2024)

OPPONG VRS FORDJOUR & ANOTHER (A1/25/2018) [2024] GHADC 260 (22 May 2024)

The plaintiff discharged the burden of proof by providing credible documentary evidence of allocation, payment, and processing of lease for the disputed plot by the Lands Commission, while the defendants failed to rebut this evidence with any documentary proof. The court found the plaintiff's case more probable and granted the reliefs sought.

Citation
OPPONG VRS FORDJOUR & ANOTHER (A1/25/2018) [2024] GHADC 260 (22 May 2024)
Parties
Plaintiff: Oppong Asante; Defendant: J. K. Fordjour; Defendant: Mr. Yeboah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
22 May 2024
Procedural Posture
Civil Land/property / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Burden of Proof
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Trespass Perpetual Injunction Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Oppong Asante

Plaintiff

J. K. Fordjour

Defendant

Mr. Yeboah

Defendant

Procedural Posture

Civil Land/property / Judgment

Legal Issues

  1. 1 Whether the Lands Commission could validly grant plot No. 38, Block G, Adomako Sunyani to the plaintiff
  2. 2 Whether the plaintiff is entitled to his claims for declaration of title, recovery of possession, damages for trespass, and perpetual injunction

Ratio Decidendi

The plaintiff discharged the burden of proof by providing credible documentary evidence of allocation, payment, and processing of lease for the disputed plot by the Lands Commission, while the defendants failed to rebut this evidence with any documentary proof. The court found the plaintiff's case more probable and granted the reliefs sought.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration of title and recovery of possession of plot No. 38 Block G, Adomako-Sunyani in favour of the plaintiff
  • General damages for trespass awarded to the plaintiff