Sackey Vrs Musah [2017] GHASC 39 (14 March 2017)

Sackey Vrs Musah [2017] GHASC 39 (14 March 2017)

The survey plan and expert evidence established that the defendant's land, as per his documents, is separate from the disputed land, and that the defendant built on the plaintiff's land (Plot No. 314). The plaintiff's documents correspond to the disputed land, and the defendant's do not. Therefore, the defendant committed trespass.

Citation
[2017] GHASC 39
Parties
Plaintiff/appellant/respondent: Benjamin Quarcoopome Sackey; Defendant/respondent/appellant: Issaka A. Musah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 March 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed; judgment for plaintiff affirmed
Legal Topics
Trespass, Land Ownership, Title to Land, Survey Evidence
Source Language
English
Land Law Property Law Trespass Land Ownership Title to Land Survey Evidence

Case Brief

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Benjamin Quarcoopome Sackey

Plaintiff/appellant/respondent

Issaka A. Musah

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the defendant trespassed on the plaintiff's land
  2. 2 Whether the plaintiff's land documents relate to the disputed land
  3. 3 Whether the defendant's land documents cover the disputed land

Ratio Decidendi

The survey plan and expert evidence established that the defendant's land, as per his documents, is separate from the disputed land, and that the defendant built on the plaintiff's land (Plot No. 314). The plaintiff's documents correspond to the disputed land, and the defendant's do not. Therefore, the defendant committed trespass.

Court Disposition

appeal dismissed; judgment for plaintiff affirmed

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal dated 20th May 2010 affirmed