Tahiru Vrs Atugiya [2022] GHADC 311 (5 October 2022)

Tahiru Vrs Atugiya [2022] GHADC 311 (5 October 2022)

Plaintiff proved by documentary and oral evidence that she lawfully acquired and possessed the land, while Defendant failed to prove his family’s title or exclusive possession. Plaintiff is declared lawful owner and entitled to injunction; Defendant’s counterclaim is dismissed for lack of proof.

Source-derived case information.

Citation
[2022] GHADC 311
Parties
Plaintiff: Tahiru Lydia; Defendant: David Atugiya
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 October 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim allowed; Defendant's counterclaim dismissed.
Legal Topics
Title to Land, Trespass, Injunction, Burden of Proof
Source Language
english
Land Law Civil Procedure Title to Land Trespass Injunction Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tahiru Lydia

Plaintiff

David Atugiya

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Aboatugiya family is different from the Aboakatorti family
  2. 2 Whether Plaintiff is the lawful assignee of the land in dispute
  3. 3 Whether Defendant is entitled to his counterclaim

Ratio Decidendi

Plaintiff proved by documentary and oral evidence that she lawfully acquired and possessed the land, while Defendant failed to prove his family’s title or exclusive possession. Plaintiff is declared lawful owner and entitled to injunction; Defendant’s counterclaim is dismissed for lack of proof.

Court Disposition

Plaintiff's claim allowed; Defendant's counterclaim dismissed.

Orders

  • Plaintiff declared owner of the land in dispute.
  • Perpetual injunction granted restraining Defendant and his agents from interfering with Plaintiff’s enjoyment and use of the land.