Mumeen Vrs Samed & 2 Others [2023] GHADC 455 (5 January 2023)

Mumeen Vrs Samed & 2 Others [2023] GHADC 455 (5 January 2023)

Plaintiff proved valid title to plot no. 62 through allocation and lease documents from the proper traditional authorities, while defendants failed to prove a valid prior customary grant or adverse possession; thus, plaintiff is entitled to declaration of title, injunction, damages for trespass, and recovery of possession.

Citation
[2023] GHADC 455
Parties
Plaintiff: Abdul-Aziz Mumeen; Defendant: Abass Samed; Defendant: Mohamed Wumbei; Defendant: Awal Samed
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 January 2023
Procedural Posture
Civil (land Dispute) / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Trespass, Customary Grant, Injunction, Damages, Adverse Possession
Source Language
English
Land Law Customary Law Civil Procedure Declaration of Title Trespass Customary Grant Injunction Damages +1 more

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Parties

Abdul-Aziz Mumeen

Plaintiff

Abass Samed

Defendant

Mohamed Wumbei

Defendant

Awal Samed

Defendant

Procedural Posture

Civil (land Dispute) / Judgment

Legal Issues

  1. 1 Whether there was a valid customary grant of plot no. 62 to the defendants’ father in 1992 prior to plaintiff’s grant in 1996
  2. 2 Whether the regent of Kanvilli could grant plot no. 62 to defendants on the basis of prior occupation

Ratio Decidendi

Plaintiff proved valid title to plot no. 62 through allocation and lease documents from the proper traditional authorities, while defendants failed to prove a valid prior customary grant or adverse possession; thus, plaintiff is entitled to declaration of title, injunction, damages for trespass, and recovery of possession.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration of title in favour of plaintiff for plot no. 62 Tuunaayili Residential Area Block A, Tamale
  • Defendants to remove any material or structure on plot no. 62 forthwith; plaintiff at liberty to recover possession