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ACCRA POLYTECHNIC v. OLIVIA EJIMANDUS

2012

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP
  • JUSTICE ANTHONY OPPONG J

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

The plaintiff, an educational institution, claimed ownership of a piece of land allocated by the Government of Ghana in 1960 and filed a lawsuit against the defendant, who had been operating a restaurant and bar on the land without permission. The plaintiff discontinued the action against the first defendant and pursued claims against the second defendant for recovery of possession, damages for trespass, a perpetual injunction, and costs. The defendant argued that she had been in undisturbed possession of the land for over 18 years, had invested in her business, and that the plaintiff was aware of her occupation. The court found in favor of the plaintiff, holding that the defendant was a trespasser, had not built permanent structures, and the plaintiff had not acquiesced to the defendant's illegal occupation. The plaintiff was awarded GH¢800.00 as damages for trespass and GH¢500.00 in costs, while the defendant's counterclaim was dismissed.

JUDGMENT