ASANT VRS AFRAH (BR/KK/DC/A1/09/2024) [2024] GHADC 270 (22 May 2024)

Plaintiff failed to prove with requisite certainty the boundary features separating his land from Defendant's, making his claim for declaration of title and injunction unsustainable; the Onyina tree is accepted as the boundary feature.

Citation: ASANT VRS AFRAH (BR/KK/DC/A1/09/2024) [2024] GHADC 270 (22 May 2024)
Parties: Plaintiff: Prince Asante; Defendant: Yaa Afrah
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 22 May 2024
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim dismissed
Legal Topics: Declaration of Title, Recovery of Possession, Perpetual Injunction, Boundary Dispute, Trespass
Source Language: eng

Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Boundary Dispute Trespass

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Prince Asante

Plaintiff

Yaa Afrah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff's mother and Defendant's mother are adjoining land owners
2 Whether the Onyina tree served as a boundary feature to the parties' land
3 Whether the Defendant trespassed onto the Plaintiff's farm land to harvest cocoa

Ratio Decidendi

Court Disposition

Plaintiff's claim dismissed

Orders

Parties to locate their common boundary at the place where the Onyina tree and Moama trees were boundary features
Agreed tree species to be planted by parties to serve as boundary features