AFRIYIE & ANOTHER VRS ASIEDU & 6 OTHERS (A9/08/22) [2023] GHADC 793 (19 December 2023)

AFRIYIE & ANOTHER VRS ASIEDU & 6 OTHERS (A9/08/22) [2023] GHADC 793 (19 December 2023)

Plaintiff proved on a balance of probabilities that D1 encroached on his land and had no valid permit at the time the suit was instituted. D1's payments to the District Assembly were not evidence of a permit, and the permit was only obtained after the suit commenced.

Citation
[2023] GHADC 793
Parties
Plaintiff: Priscilla Afriyie; Plaintiff: 2nd Plaintiff (not named); Defendant: Elder Nana Asiedu; Defendant: 6 Others (not named)
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 December 2023
Case Number
A9/08/22
Procedural Posture
Land Dispute / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Encroachment, Building Permits, Land Ownership, Temporary Structures
Source Language
English
Land Law Local Government Law Encroachment Building Permits Land Ownership Temporary Structures

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Parties

Priscilla Afriyie

Plaintiff

2nd Plaintiff (not named)

Plaintiff

Elder Nana Asiedu

Defendant

6 Others (not named)

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether defendant has encroached on part of plaintiffs’ land
  2. 2 Whether defendant has the requisite permit to place his container on the land in dispute
  3. 3 Whether Nana Agya Akyi was the one who granted the land to both plaintiffs and D1

Ratio Decidendi

Plaintiff proved on a balance of probabilities that D1 encroached on his land and had no valid permit at the time the suit was instituted. D1's payments to the District Assembly were not evidence of a permit, and the permit was only obtained after the suit commenced.

Court Disposition

Judgment for plaintiff

Orders

  • Defendants to be ejected from plaintiffs’ land
  • Cost of GH¢500.00 awarded against D1 for each plaintiff