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DUBLIN V. GHANA HOUSING CORPORATION

(1975) JELR 82907 (HC)

High Court  •  16 Jul 1975  •  Ghana

Coram
BAIDOO J.

Appearances
Sackeyfio for the plaintiff. Mrs. Dwumah for the defendant corporation.

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>BAIDOO J. </strong></p><p style="text-align: justify;">The plaintiff in this action is claiming against the defendant ¢4,765.00 damages for trespass on the ground that the defendant has constructed through her land at Pedu on which she has her building (i.e. house No. 1 Pedu village) a gutter which gets over-flooded during rainfall with the result that water flowing therefrom gets into her compound and runs to fill the rooms on the ground floor. The onus was on the plaintiff to establish the trespass she was complaining of. She should have led evidence disclosing the persons seen on her land constructing the lane, their names or at least some of them, the dates they worked and establish that they were servants or agents of the defendant corporation working within the scope of their employment. Unfortunately the plaintiff &#x27;s evidence-in-chief was rather sketchy and of the vaguest nature. The relevant portion of her testimony was as follows:</p><blockquote><p style="text-align: justify;">&quot;I have a plot of land at Pedu village, on which I have a building. I wish to tend…</p></blockquote>

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