Professional Documents
Culture Documents
PRESENTATION BY
GENEVIEVE QUARCOO
SAMMY DOMEH
CASE NAME
OSHODEMIRIN V.TETTEH
(1973) 1 GLR 1-8
02/19/15
FACTS
On 25 August 1964.The Accra-Development Corporation
CONTD
There was also a clause in the licence that read: 'This
02/19/15
CONTD
The plaintiff, a licensee of the Tema Development
CONTD
Upon entry of the plot by the defendant she was sued by
the plaintiff inter alia:
(a) Declaration of title to the plot in dispute
(b) G500 or 1,000.00 damages for trespass,
(c) Perpetual injunction, and
(d) Recovery of possession
02/19/15
PROCEDURE
The trial judge, upon the facts, held that the plaintiff was
ON APPEAL
Counsel for the plaintiff sought leave to amended the writ
02/19/15
HOLDINGS
The appeal was dismissed on the ground that the power
Cases referred
1) England v. Palmer (1955) 14 W.A.C.A. 659.
(2) Bowmaker, Ltd. v. Tabor [1941] 2 K.B. 1
(3) Equitable Life Assurance Society of the United States v.
H.L.
(5) Spurling v. Bantoft [1891]2 Q.B. 384; 60 L.J.Q.B. 745; 65
L.T. 584
(6) Yabbicom v. King [1899] 1 Q.B. 444
02/19/15
ANALYSIS
Trespass to land is unjustifiable interference with the
possession of land.
This Tort is committed against possession and not ownership. A
person commits trespass to land when his right of entry has
ceased(Remaining on land).
In this instant case the plaintiff violating section one of Act 159
revoked his license and therefore was not in possession of the
plot at the time of the suit.
There was evidence that the defendant had not paid rent to
TDC and her name was not registered. However, upon the
facts she has built 10 kitchens on the said plot and this
demonstrated that she was in possession of the land.
However both plaintiff and defendant were seen as trespassers
but the court found in favour of the defendant based on the
maxim:
Contd
melior est conditio possidentis ubi neuter jus habet in