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MARIAMAH ISSAH
V.
RASHAD A. SEIDU

(2025) JELR 114609 (HC)

High Court 28 May 2025 Ghana
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- Appeal dismissed: Both parties failed to prove identity and boundaries of their respective lands, precluding declarations of title or reliefs for trespass. - The lower court’s findings that the defendant’s toilet facility constituted a nu

Case Details

Suit Number:ASH/ADK/HC/E12/15/25
Judges:HIS LORDSHIP JUSTICE DR. POKU ADUSEI
Counsel:FRANCISCA NYABA ESQ FOR DANIEL B. BEWEL ESQ, COUNSEL FOR THE PLAINTIFF/APPELLANT ESTHER ASIEDUWAA OPOKU ESQ, COUNSEL FOR THE DEFENDANT/RESPONDENT
Location:Kumasi

JUDGMENT

Dr. Poku Adusei, J.A.

The plaintiff/appellant (hereinafter referred to as the appellant) instituted legal action in the District Court, Ejisu-Ashanti for declaration of title to land and an order to demolish a toilet facility belonging to the defendant/respondent (hereinafter referred to as the respondent). According to the appellant, though the toilet facility was built by the respondent at their common boundary, the facility was sited close to her house located at Besease-Jamasi in the Ashanti Region.

By a writ of summons filed on 15/10/2021, the appellant claimed against the respondent:

(a) Declaration of title to all that piece or parcel of land numbered; Plot 21, Block D and the 5-bedroom house thereon; measuring approximately 60ft X 80ft being and situate at Besease-Jamasi on Juaben Stool lands in the Ashanti Region of the Republic of Ghana.

(b) An order of court for demolition of a toilet facility defendant had without the consent of the plaintiff constructed at a place def…

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