ASARE AND ANOTHER VRS. ANSAH (C1/12/2023) [2024] GHAHC 72 (27 March 2024)

ASARE AND ANOTHER VRS. ANSAH (C1/12/2023) [2024] GHAHC 72 (27 March 2024)

Plaintiffs proved root of title, mode of acquisition, and acts of possession by preponderance of probabilities. Defendant failed to defend or cross-examine. Plaintiffs entitled to declaration of title, recovery of possession, injunction, and expungement of defendant's registration. No evidence of trespass; claim for trespass dismissed.

Citation
ASARE AND ANOTHER VRS. ANSAH (C1/12/2023) [2024] GHAHC 72 (27 March 2024)
Parties
Plaintiff: Rev (Rtd) Seth Odei Asare; Plaintiff: Nana Aboamah Oforiwah; Defendant: Abusuapanin Seth Adu Ansah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 March 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiffs in part
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Land Registration, Trespass
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Injunction Land Registration Trespass

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Parties

Rev (Rtd) Seth Odei Asare

Plaintiff

Nana Aboamah Oforiwah

Plaintiff

Abusuapanin Seth Adu Ansah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs have proved title to the disputed land
  2. 2 Whether plaintiffs are entitled to recovery of possession
  3. 3 Whether plaintiffs are entitled to perpetual injunction

Ratio Decidendi

Plaintiffs proved root of title, mode of acquisition, and acts of possession by preponderance of probabilities. Defendant failed to defend or cross-examine. Plaintiffs entitled to declaration of title, recovery of possession, injunction, and expungement of defendant's registration. No evidence of trespass; claim for trespass dismissed.

Court Disposition

judgment for plaintiffs in part

Orders

  • Declaration of title and recovery of possession to plaintiffs for land described under relief 'a'.
  • Perpetual injunction restraining defendant and persons claiming through him from entering or interfering with plaintiffs' land.