Dogbe and Another Vrs Djan and Another [2023] GHAHC 8 (26 January 2023)

Dogbe and Another Vrs Djan and Another [2023] GHAHC 8 (26 January 2023)

The disputed land was compulsorily acquired by the Government of Ghana for the Atomic Energy Commission and remains state land. Neither Plaintiffs nor Defendants had capacity or title to the land, as no de-vesting or grant from the state was proven. Plaintiffs' and Defendants' claims are both dismissed for lack of capacity and failure to prove title or damages.

Citation
[2023] GHAHC 8
Parties
Plaintiff: Delali Abra Dogbe; Plaintiff: Alice Ofori (alias Mama Lee); Defendant: Nii Tetteh Djan; Defendant: Naa Dede Korle
Court
High Court
Jurisdiction
Ghana
Judgment Date
26 January 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Both Plaintiffs' claim and Defendants' counterclaim dismissed.
Legal Topics
Capacity to Sue, Title to Land, State Land Acquisition, Damages, Counterclaim, Burden of Proof
Source Language
English
Land Law Civil Procedure Capacity to Sue Title to Land State Land Acquisition Damages Counterclaim Burden of Proof

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Parties

Delali Abra Dogbe

Plaintiff

Alice Ofori (alias Mama Lee)

Plaintiff

Nii Tetteh Djan

Defendant

Naa Dede Korle

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether Plaintiffs have capacity to commence the suit
  2. 2 Whether Plaintiffs are entitled to their claim for declaration of title, damages, and injunction
  3. 3 Whether 1st Defendant is entitled to counterclaim for possessory title

Ratio Decidendi

The disputed land was compulsorily acquired by the Government of Ghana for the Atomic Energy Commission and remains state land. Neither Plaintiffs nor Defendants had capacity or title to the land, as no de-vesting or grant from the state was proven. Plaintiffs' and Defendants' claims are both dismissed for lack of capacity and failure to prove title or damages.

Court Disposition

Both Plaintiffs' claim and Defendants' counterclaim dismissed.

Orders

  • Plaintiffs' claim for declaration of title, damages, and injunction dismissed.
  • Defendants' counterclaim for possessory title dismissed.