Somenya Vrs Agbavor [2023] GHADC 370 (30 March 2023)

The plaintiff proved on a balance of probabilities that the disputed land falls behind her backyard and is not within the defendant's right to develop, as the area is not a no man's land but is under the plaintiff's control.

Citation: [2023] GHADC 370
Parties: Plaintiff: Somenya Korbby; Defendant: Michael Agbavor
Court: District Court
Jurisdiction: Ghana
Judgment Date: 30 March 2023
Procedural Posture: Civil / Judgment
Outcome: Judgment for the plaintiff.
Legal Topics: Declaration of Title, Recovery of Possession, Injunction, Damages for Trespass, Burden of Proof, Customary Inheritance
Source Language: English

Land Law Family Law Declaration of Title Recovery of Possession Injunction Damages for Trespass Burden of Proof Customary Inheritance

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Somenya Korbby

Plaintiff

Michael Agbavor

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the land in dispute was part of the land gifted to the plaintiff
2 Whether the land in dispute formed part of the Catholic Church land
3 Whether the land in dispute is an open land to which none of the parties is entitled

Ratio Decidendi

Court Disposition

Judgment for the plaintiff.

Orders

Plaintiff granted right of control over the portion of land at her backyard between her building and the Catholic Church fence wall.
Both parties restrained from embarking on any project or activities that transcend the area behind their respective buildings into the portion of one another.