Klu Vrs Asiamah and 2 Others [2023] GHAHC 2 (23 January 2023)

Klu Vrs Asiamah and 2 Others [2023] GHAHC 2 (23 January 2023)

Plaintiff failed to prove title to the land on a balance of probabilities and did not rebut the presumption of ownership raised by Defendants' possession and Land Title Certificate. Even if Plaintiff had title, the action is statute barred as Defendants have been in adverse possession for over 15 years.

Citation
[2023] GHAHC 2
Parties
Plaintiff: Nelson Sowah Klu; 1st Defendant: Kojo Asiamah; 2nd Defendant: Madam Alice; 3rd Defendant: Madam Rucky Quaye
Court
High Court
Jurisdiction
Ghana
Judgment Date
23 January 2023 27 January 2023 23 January 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's suit dismissed
Legal Topics
Title to Land, Adverse Possession, Statute of Limitation, Burden of Proof
Source Language
English
Land Law Civil Procedure Title to Land Adverse Possession Statute of Limitation Burden of Proof

Case Brief

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Parties

Nelson Sowah Klu

Plaintiff

Kojo Asiamah

1st Defendant

Madam Alice

2nd Defendant

Madam Rucky Quaye

3rd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has title to the land in dispute
  2. 2 Whether the Plaintiff's action is statute barred under the Limitation Act, 1972
  3. 3 Whether the Plaintiff is entitled to the reliefs sought

Ratio Decidendi

Plaintiff failed to prove title to the land on a balance of probabilities and did not rebut the presumption of ownership raised by Defendants' possession and Land Title Certificate. Even if Plaintiff had title, the action is statute barred as Defendants have been in adverse possession for over 15 years.

Court Disposition

Plaintiff's suit dismissed

Orders

  • All reliefs sought by Plaintiff are dismissed as unproven.
  • Costs of GH¢30,000.00 awarded to 1st and 3rd Defendants, to be shared equally.