ABDUL MUMUNI BAGIGA
V.
VINCENT DEKU

(2016) JELR 107719 (HC)    
High Court  ·  SUIT NO. FAL 429/11 ·  23 Mar 2016 ·  Ghana
CORAM
PATIENCE MILLS-TETTEH (MRS)
Core Terms Beta
1st defendant
plaintiff
property
2nd defendant
house
alhaji mohammed ansah
kofi atua asante
house subject matter of this suit
new weija
declaration of title
situate lying
special damages
telephone number
approximate area
favour of the 1st defendant
mr. kofi atua asante
name kofi atua asante
original owner of the property
renovation works
south east
adverse possession
agreed consideration
business partner of the 2nd defendant
case of the 1st defendant
disputed property
evidence of overt acts of possession
immediate possession
innocent purchaser
kind of physical control of the land
meeting alhaji mohammed musa
name alhaji mohammed
order of injunction
permanent injunction
piece of land
plaintiff’s possessory rights
plethora of cases
possession of a land
purchase of foreign currency
right of possession
sale alhaji mohammed telephone number
subject of agreement
telephone number of alhaji mohamed


JUDGMENT 

The plaintiff and the 1st defendant assert rival claims to a property situate at New Weija and purchased by both from a common vendor. Unlike the  plaintiff, there is evidence of overt acts of possession and occupation by  the 1st defendant. The plaintiff will only succeed in an action for trespass  against the 1st defendant if he proves that as between him and the 1st  defendant, the right of possession is vested in him. In the absence of proof  of right of immediate possession by the plaintiff and adverse possession by  the 1st defendant the dispute should be resolved in favour of the 1st defendant who is in occupation.Possession is defined in OSBORN’S CONCISE LAW DICTIONARY 8th edition as physical detention coupled with the intention to hold the thing  detained as one’s own. Possession has two elements; the physical  possession of a thing and the intention to appropriate to oneself the  exclusive use of the thing possessed. Possession is prima facie evidence of  ownership.…

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