Victoria Mansa Attachie & 4others -vrs- Wisdom Kojo Attachie & 3 Ors [2022] GHACA 4 (16 June 2022)

Victoria Mansa Attachie & 4others -vrs- Wisdom Kojo Attachie & 3 Ors [2022] GHACA 4 (16 June 2022)

Only 50ft by 50ft of the land behind the Gunu House was gifted to Appellants' mother; the toilet structure is located within Respondents' portion. Appellants failed to prove entitlement to the whole land or trespass by Respondents. Costs awarded by trial court were excessive and reduced by 50%.

Citation
Victoria Mansa Attachie & 4others -vrs- Wisdom Kojo Attachie & 3 Ors [2022] GHACA 4 (16 June 2022)
Parties
Appellants: Victoria Mensah Attachie & 4 Ors.; Respondents: Wisdom Kojo Attachie & 3 Ors.
Court
ghaca
Jurisdiction
Ghana
Judgment Date
16 June 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with variation of costs
Legal Topics
Trespass, Gift Inter Vivos, Estate Distribution, Costs
Source Language
eng
Property Law Family Law Civil Procedure Trespass Gift Inter Vivos Estate Distribution Costs

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Parties

Victoria Mensah Attachie & 4 Ors.

Appellants

Wisdom Kojo Attachie & 3 Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the disputed portion of land belongs to the Appellants or was gifted to the Respondents
  2. 2 Whether Respondents committed trespass by constructing a toilet on Appellants' land
  3. 3 Whether the trial court erred in limiting Appellants to 50ft by 50ft

Ratio Decidendi

Only 50ft by 50ft of the land behind the Gunu House was gifted to Appellants' mother; the toilet structure is located within Respondents' portion. Appellants failed to prove entitlement to the whole land or trespass by Respondents. Costs awarded by trial court were excessive and reduced by 50%.

Court Disposition

Appeal dismissed with variation of costs

Orders

  • Costs reduced from GH¢8,000.00 to GH¢4,000.00
  • All other orders of trial court affirmed