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KOFI OPPONG vs AIRTEL GHANA & ANOR

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP EMMANUEL AMO YARTEY (J)

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

This case revolves around a land dispute where the Plaintiff claims ownership of land on which the 1st Defendant, a communication company, erected a mast without authorization. The Plaintiff sought compensation for the unauthorized use of his land. The 2nd Defendant also claimed ownership of the land. The court examined the evidence presented by both parties, particularly focusing on the Land Certificate presented by the Plaintiff and the indenture relied upon by the 2nd Defendant. The court held that the Plaintiff's Land Certificate, being an official document from the Lands Registry, had higher probative value and established indefeasible title to the land. The court emphasized the presumption of regularity in the performance of official duties by state institutions and the burden of proof in civil matters. Ultimately, the court ruled in favor of the Plaintiff, granting judgment as per the endorsement on his Writ of Summons and awarding costs against the Defendants.

JUDGMENT