DORCOO VRS AMESIMEKU (A1/02/2022) [2024] GHADC 345 (13 June 2024)

DORCOO VRS AMESIMEKU (A1/02/2022) [2024] GHADC 345 (13 June 2024)

Plaintiffs proved possessory title to the disputed four-acre land by inheritance, long undisturbed possession, and favorable judgments. Defendants failed to establish better title or prove Plaintiffs were licensees. Plaintiffs entitled to recovery of possession, damages for trespass, and perpetual injunction.

Citation
DORCOO VRS AMESIMEKU (A1/02/2022) [2024] GHADC 345 (13 June 2024)
Parties
Plaintiff: Richard Dorcoo; Plaintiff: Gifty Dorcoo; Defendant: Nicholas Amesimeku; Defendant: John Billy Amesimeku
Court
ghadc
Jurisdiction
Ghana
Judgment Date
13 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Possessory Title, Recovery of Possession, Trespass, Perpetual Injunction, Estoppel
Source Language
eng
Property Law Civil Procedure Possessory Title Recovery of Possession Trespass Perpetual Injunction Estoppel

Case Brief

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Parties

Richard Dorcoo

Plaintiff

Gifty Dorcoo

Plaintiff

Nicholas Amesimeku

Defendant

John Billy Amesimeku

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the subject matter is a smaller portion of the Ameyesro-Asafo family land
  2. 2 Whether Plaintiffs and their predecessors exercised overt acts of ownership over the land in dispute without interference
  3. 3 Whether Defendants are estopped by the judgments of Sogakope High Court and Mafi-Traditional Council’s verdict

Ratio Decidendi

Plaintiffs proved possessory title to the disputed four-acre land by inheritance, long undisturbed possession, and favorable judgments. Defendants failed to establish better title or prove Plaintiffs were licensees. Plaintiffs entitled to recovery of possession, damages for trespass, and perpetual injunction.

Court Disposition

Judgment for Plaintiffs

Orders

  • Plaintiffs recover possession of the subject land
  • Declaration of possessory title to Plaintiffs