KWAKYEWAA VRS DONKOR (A1/5/2023) [2024] GHADC 338 (29 July 2024)

Plaintiff provided more credible and precise evidence of title and boundaries, supported by documentary evidence and possession, while defendant failed to demonstrate knowledge of boundaries or title to the disputed portion. The plaintiff's case was found more probable on the preponderance of probabilities.

Citation: KWAKYEWAA VRS DONKOR (A1/5/2023) [2024] GHADC 338 (29 July 2024)
Parties: Plaintiff: Yaa Kwakyewaa; Defendant: Yaa Donkor
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 29 July 2024
Procedural Posture: Civil / Judgment
Outcome: Judgment for the plaintiff
Legal Topics: Declaration of Title, Recovery of Possession, Perpetual Injunction, Burden of Proof, Boundary Disputes
Source Language: eng

Land Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Burden of Proof Boundary Disputes

Case Brief

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Parties

Yaa Kwakyewaa

Plaintiff

Yaa Donkor

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to declaration of title to the disputed land
2 Whether the plaintiff is entitled to recovery of possession
3 Whether the plaintiff is entitled to a perpetual injunction against the defendant

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Declaration of title to 0.65 acres of the disputed land in favor of the plaintiff
Order for recovery of possession by the plaintiff