REV. JOSEPH PADI ODONKOR VRS YOHANNE (MANTSE) (A1/33/2021) [2024] GHACC 304 (11 October 2024)

REV. JOSEPH PADI ODONKOR VRS YOHANNE (MANTSE) (A1/33/2021) [2024] GHACC 304 (11 October 2024)

On the preponderance of probabilities, the plaintiff’s evidence, supported by documentary proof and the surveyor’s composite plan, established that the disputed land forms part of the plaintiff’s acquisition; the defendant failed to prove a better title or possession to the disputed area.

Citation
REV. JOSEPH PADI ODONKOR VRS YOHANNE (MANTSE) (A1/33/2021) [2024] GHACC 304 (11 October 2024)
Parties
Plaintiff: Rev. Joseph Padi Odonkor; Defendant: Mr. Yohanne (alias Matse)
Court
ghacc
Jurisdiction
Ghana
Judgment Date
11 October 2024
Procedural Posture
Land Dispute / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Declaration of Title, Trespass, Injunction, Recovery of Possession, Damages
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Injunction Recovery of Possession Damages

Case Brief

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Parties

Rev. Joseph Padi Odonkor

Plaintiff

Mr. Yohanne (alias Matse)

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the area in dispute belongs to the plaintiff or the defendant
  2. 2 Whether the defendant has trespassed onto the plaintiff’s land

Ratio Decidendi

On the preponderance of probabilities, the plaintiff’s evidence, supported by documentary proof and the surveyor’s composite plan, established that the disputed land forms part of the plaintiff’s acquisition; the defendant failed to prove a better title or possession to the disputed area.

Court Disposition

judgment for the plaintiff

Orders

  • Declaration of title to the disputed land (0.01 acres) in favour of the plaintiff
  • Recovery of possession of the disputed land by the plaintiff