Serwaa and Another Vrs Nkrumah [2023] GHADC 492 (4 April 2023)

Serwaa and Another Vrs Nkrumah [2023] GHADC 492 (4 April 2023)

Plaintiffs proved ownership and possession of the disputed land by deed of gift and surveyor's report; defendant's evidence was inconsistent and did not establish a superior claim. Defendant encroached and committed trespass by cultivating cocoa and winning sand on plaintiffs' land.

Citation
[2023] GHADC 492
Parties
Plaintiff: Yaa Serwaa; Plaintiff: Patrick Yaw Frimpong; Defendant: Kwabena Nkrumah
Court
District Court
Jurisdiction
Ghana
Judgment Date
4 April 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
judgment for plaintiffs
Legal Topics
Declaration of Title, Recovery of Possession, Damages for Trespass, Injunction
Source Language
English
Land Law Tort Declaration of Title Recovery of Possession Damages for Trespass Injunction

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Parties

Yaa Serwaa

Plaintiff

Patrick Yaw Frimpong

Plaintiff

Kwabena Nkrumah

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to declaration of title and recovery of possession of the disputed land
  2. 2 Whether defendant trespassed and is liable for damages
  3. 3 Whether plaintiffs are entitled to an injunction against defendant

Ratio Decidendi

Plaintiffs proved ownership and possession of the disputed land by deed of gift and surveyor's report; defendant's evidence was inconsistent and did not establish a superior claim. Defendant encroached and committed trespass by cultivating cocoa and winning sand on plaintiffs' land.

Court Disposition

judgment for plaintiffs

Orders

  • Declaration of title and recovery of possession of 3.5-acres of land at Kwaem, Akim Bontodiase to plaintiffs
  • General damages of GHc5,000 awarded to plaintiffs against defendant, payable into court by 4th May, 2023