FRIMPONG VRS BOAKYE (C11/09/22) [2024] GHACC 51 (10 January 2024)

FRIMPONG VRS BOAKYE (C11/09/22) [2024] GHACC 51 (10 January 2024)

Plaintiff established title to the disputed land by proving root of title, mode of acquisition, acts of possession, and identity of the land. Defendants failed to contest or provide evidence. Plaintiff was in effective possession at the time of trespass. Plaintiff is entitled to declaration of title, recovery of possession, damages for trespass, perpetual injunction, and costs.

Citation
FRIMPONG VRS BOAKYE (C11/09/22) [2024] GHACC 51 (10 January 2024)
Parties
Plaintiff: Queena Adoma Frimpong; 1st Defendant: Kofi Boapea; 2nd Defendant: Daniel Boakye
Court
ghacc
Jurisdiction
Ghana
Judgment Date
10 January 2024
Procedural Posture
Civil Land/property / Final Judgment After Default of Appearance and Evidence by Plaintiff
Outcome
Judgment for the plaintiff on all reliefs sought.
Legal Topics
Declaration of Title to Land, Trespass, Damages, Injunction, Default Judgment
Source Language
eng
Property Law Civil Procedure Declaration of Title to Land Trespass Damages Injunction Default Judgment

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 6 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Queena Adoma Frimpong

Plaintiff

Kofi Boapea

1st Defendant

Daniel Boakye

2nd Defendant

Procedural Posture

Civil Land/property / Final Judgment After Default of Appearance and Evidence by Plaintiff

Legal Issues

  1. 1 Whether the plaintiff is the owner of the land in dispute
  2. 2 Whether the plaintiff is entitled to damages for trespass against the defendants

Ratio Decidendi

Plaintiff established title to the disputed land by proving root of title, mode of acquisition, acts of possession, and identity of the land. Defendants failed to contest or provide evidence. Plaintiff was in effective possession at the time of trespass. Plaintiff is entitled to declaration of title, recovery of possession, damages for trespass, perpetual injunction, and costs.

Court Disposition

Judgment for the plaintiff on all reliefs sought.

Orders

  • Declaration of title to the land in favour of the plaintiff
  • Recovery of possession of the encroached plot