Esoun and Another v Sika and Another (A1/26/23) [2025] GHACC 46 (27 June 2025)

Esoun and Another v Sika and Another (A1/26/23) [2025] GHACC 46 (27 June 2025)

Judgment was entered for the plaintiffs based on the 2nd defendant's admission that the land occupied by the 1st defendant belongs to the plaintiffs, dispensing with the need for further proof. Reliefs were granted only in respect of the portion occupied by the 1st defendant.

Citation
[2025] GHACC 46
Parties
Plaintiff: Wilfred Abeiku Esuon; Plaintiff: Yvonne Nana Oye Esuon; Defendant: Aboa Sika; Defendant: Kwesi Yirenkyi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 June 2025
Case Number
A1/26/23
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiffs in part
Legal Topics
Declaration of Title, Trespass, Injunction, Damages, Admissions, Joinder of Parties
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Damages Admissions Joinder of Parties

Case Brief

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Parties

Wilfred Abeiku Esuon

Plaintiff

Yvonne Nana Oye Esuon

Plaintiff

Aboa Sika

Defendant

Kwesi Yirenkyi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to a declaration of ownership over the disputed land
  2. 2 Whether the 1st defendant is a trespasser
  3. 3 Whether the plaintiffs are entitled to recovery of possession, injunction, damages, and costs

Ratio Decidendi

Judgment was entered for the plaintiffs based on the 2nd defendant's admission that the land occupied by the 1st defendant belongs to the plaintiffs, dispensing with the need for further proof. Reliefs were granted only in respect of the portion occupied by the 1st defendant.

Court Disposition

judgment for plaintiffs in part

Orders

  • Declaration that plaintiffs are owners of the parcel of land occupied by the 1st defendant at Asuaba, Upper West Akim District, Eastern Region, measuring approximately 0.26 acre or 0.10 hectare.
  • Recovery of possession of the said portion from the 1st defendant.