ABAIDOO VRS QUAINOO (E1/41/20) [2023] GHAHC 554 (20 January 2023)

ABAIDOO VRS QUAINOO (E1/41/20) [2023] GHAHC 554 (20 January 2023)

Plaintiff proved boundaries and ownership of disputed area; defendant encroached by constructing fence wall and building on plaintiff’s land. Composite plan and survey evidence confirmed overlap and trespass.

Citation
ABAIDOO VRS QUAINOO (E1/41/20) [2023] GHAHC 554 (20 January 2023)
Parties
Plaintiff: Solomon Abaidoo; Defendant: Joseph Abeiku Quainoo
Court
ghahc
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Trespass, Boundary Dispute, Damages, Injunction
Source Language
eng
Property Law Civil Procedure Trespass Boundary Dispute Damages Injunction

Case Brief

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Parties

Solomon Abaidoo

Plaintiff

Joseph Abeiku Quainoo

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant has trespassed onto part of the plaintiff’s land
  2. 2 Whether the plaintiff is entitled to his reliefs

Ratio Decidendi

Plaintiff proved boundaries and ownership of disputed area; defendant encroached by constructing fence wall and building on plaintiff’s land. Composite plan and survey evidence confirmed overlap and trespass.

Court Disposition

Judgment for plaintiff

Orders

  • Recovery of disputed portion of land designated by hatched yellow lines on exhibit CE1
  • Damages for trespass assessed at GHc5,000.00