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Trespass in Ghana case law.

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Proof required where title is not in issue

It is a settled rule of law that where from the general nature of a case involving land, it is apparent that title is not in fact put in issue, a plaintiff need not prove title. In an action the true nature of which is damages for trespass to land, for recovery of possession of land, it is sufficient for the plaintiff to establish possession. It is only where there is specific or general denial of his title that a plaintiff cannot succeed without proving his root of title; see Anto v. Mensah.4(4)

AWORO v. BUOR [1962] 2 GLR 128 [1962] SLR (SC) 47 · Supreme Court · 1962 · MILLS-ODOI JSC

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