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MAD. MATILDA ADORKOR MENSAH & ANOR vs . NII MOI BROWN (NII ADOTEI OTINTO) ACCRA & ANOR

2018

HIGH COURT

GHANA

CORAM

  • ALEXANDER OSEI TUTU J. SITTING AS A JUSTICE OF THE HIGH COURT

Areas of Law

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

AI Generated Summary

This case involves a land dispute where the Plaintiffs sought declaration of title, recovery of possession, and damages for trespass against the Defendants. The Plaintiffs acquired the land in 2001 and later regularized their title. The Defendants allegedly trespassed and began construction in 2008. During the trial, the Defendants failed to appear in court. The court found in favor of the Plaintiffs, granting their claims for declaration of title, recovery of possession, and awarding general damages. The court emphasized several legal principles, including that a party is not obligated to personally testify, failure to cross-examine may amount to admission, and special damages must be strictly proved. The court also reiterated that in trespass cases, damages must be awarded, even if nominal. The second Defendant's counterclaim was dismissed due to lack of evidence.

JUDGMENT