AGLAGOH VRS DOMPIM (FAL/268/2014) [2024] GHAHC 26 (21 February 2024)

AGLAGOH VRS DOMPIM (FAL/268/2014) [2024] GHAHC 26 (21 February 2024)

Plaintiff proved acquisition and possession of the disputed land from Nii Ayaa Odonkor, supported by documentary evidence and physical possession. Defendant failed to prove prior acquisition, undisturbed possession, or applicability of limitation, laches, and acquiescence. Plaintiff's evidence was more probable and credible than Defendant's bare assertions.

Citation
AGLAGOH VRS DOMPIM (FAL/268/2014) [2024] GHAHC 26 (21 February 2024)
Parties
Plaintiff: Seth Dominic Aglagoh; Defendant: Thomas Aboagye Dompim
Court
ghahc
Jurisdiction
Ghana
Judgment Date
21 February 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Title to Land, Trespass, Laches and Acquiescence, Limitation, Recovery of Possession, Perpetual Injunction
Source Language
eng
Property Law Title to Land Trespass Laches and Acquiescence Limitation Recovery of Possession Perpetual Injunction

Case Brief

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Parties

Seth Dominic Aglagoh

Plaintiff

Thomas Aboagye Dompim

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff was assigned the disputed land by Nii Ayaa Odonkor
  2. 2 Whether Plaintiff went into possession and constructed footings and signage
  3. 3 Whether the land had been sold to Defendant's vendor prior to Plaintiff's purchase

Ratio Decidendi

Plaintiff proved acquisition and possession of the disputed land from Nii Ayaa Odonkor, supported by documentary evidence and physical possession. Defendant failed to prove prior acquisition, undisturbed possession, or applicability of limitation, laches, and acquiescence. Plaintiff's evidence was more probable and credible than Defendant's bare assertions.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of Plaintiff as bonafide owner of the disputed land
  • Order for recovery of possession of the disputed land