Tetteh Vrs Squire and Another [2022] GHAHC 108 (16 December 2022)

Plaintiff adduced sufficient evidence of ownership and acts of possession; defendants failed to contest. On the balance of probabilities, plaintiff is entitled to declaration of title, injunction, and damages for trespass.

Citation: [2022] GHAHC 108
Parties: Plaintiff: Samuel Tettey Oracca Tetteh; Defendant: Edward Torgbo Squire; Defendant: Torto (full name not provided)
Court: High Court
Jurisdiction: Ghana
Judgment Date: 16 December 2022
Procedural Posture: Civil Land/title / Judgment After Default of Appearance
Outcome: Judgment for plaintiff
Legal Topics: Declaration of Title, Trespass, Injunction, Damages, Burden of Proof
Source Language: English

Land Law Civil Procedure Declaration of Title Trespass Injunction Damages Burden of Proof

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Parties

Samuel Tettey Oracca Tetteh

Plaintiff

Edward Torgbo Squire

Defendant

Torto (full name not provided)

Defendant

Procedural Posture

Civil Land/title / Judgment After Default of Appearance

Legal Issues

1 Whether the plaintiff is entitled to a declaration of title to House Number D 328/1 Korlena Street, Accra
2 Whether the defendants committed acts of trespass
3 Whether the plaintiff is entitled to an injunction and damages

Ratio Decidendi

Court Disposition

Judgment for plaintiff

Orders

Declaration of title to House Number D 328/1 Korlena Street, Accra in favour of plaintiff
Declaration that defendants' acts amount to trespass