Ocran Vrs Schmit [2023] GHACC 365 (7 June 2023)

Ocran Vrs Schmit [2023] GHACC 365 (7 June 2023)

Plaintiff proved ownership and trespass by defendant; defendant failed to defend or participate despite service. Judgment entered for plaintiff in default of defence under Order 10 r 4(1) of CI 47.

Citation
[2023] GHACC 365
Parties
Plaintiff: Priscilla Ocran; Defendant: Evelyn Schmit
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 June 2023
Procedural Posture
Civil / Judgment in Default of Defence
Outcome
judgment for plaintiff in default of defence
Legal Topics
Declaration of Title, Injunction, Trespass, Damages, Default Judgment
Source Language
English
Land Law Civil Procedure Declaration of Title Injunction Trespass Damages Default Judgment

Case Brief

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Parties

Priscilla Ocran

Plaintiff

Evelyn Schmit

Defendant

Procedural Posture

Civil / Judgment in Default of Defence

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to Plot No. 6 at South Essipon, Upper Inchaban Planning Scheme
  2. 2 Whether the defendant trespassed on the plaintiff's land
  3. 3 Whether the plaintiff is entitled to a perpetual injunction and damages

Ratio Decidendi

Plaintiff proved ownership and trespass by defendant; defendant failed to defend or participate despite service. Judgment entered for plaintiff in default of defence under Order 10 r 4(1) of CI 47.

Court Disposition

judgment for plaintiff in default of defence

Orders

  • Declaration of title to Plot No. 6, South Essipon, Upper Inchaban Planning Scheme in favour of plaintiff
  • Perpetual injunction restraining defendant, her assigns, privies, agents from developing the land