Yaya Vrs Dugbavie and Others [2006] GHACA 5 (22 December 2006)

Yaya Vrs Dugbavie and Others [2006] GHACA 5 (22 December 2006)

The trial court erred in awarding compensation not sought by the plaintiff and in failing to grant the reliefs claimed. The defendants failed to prove any right of way or easement. The plaintiff is entitled to general damages for trespass and a perpetual injunction restraining the defendants from trespassing.

Citation
[2006] GHACA 5
Parties
Plaintiff/appellant: Ade Yaya Sherif; Defendant/respondent: Kofi Dugbavie; Defendant/respondent: Emmanuel Agama Dugbavie; Defendant/respondent: Victoria Dugbavie; Defendant/respondent: Susana Dugbavie; Defendant/respondent: Martha Dugbavie
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
22 December 2006
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Trespass, Easement, Damages, Injunction
Source Language
English
Land Law Tort Law Trespass Easement Damages Injunction

Case Brief

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Parties

Ade Yaya Sherif

Plaintiff/appellant

Kofi Dugbavie

Defendant/respondent

Emmanuel Agama Dugbavie

Defendant/respondent

Victoria Dugbavie

Defendant/respondent

Susana Dugbavie

Defendant/respondent

Martha Dugbavie

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in awarding compensation not sought by the plaintiff
  2. 2 Whether the defendants had a right of way or easement over the plaintiff's land
  3. 3 Whether the plaintiff was entitled to general damages for trespass and a perpetual injunction

Ratio Decidendi

The trial court erred in awarding compensation not sought by the plaintiff and in failing to grant the reliefs claimed. The defendants failed to prove any right of way or easement. The plaintiff is entitled to general damages for trespass and a perpetual injunction restraining the defendants from trespassing.

Court Disposition

Appeal allowed

Orders

  • Award of compensation set aside
  • Defendants perpetually restrained from trespassing onto plaintiff's land