Okraku Vrs Abdulai [2023] GHAHC 21 (20 February 2023)

Okraku Vrs Abdulai [2023] GHAHC 21 (20 February 2023)

The Plaintiff established by documentary and expert evidence that the land he claimed is distinct from that claimed by the Defendant. The Plaintiff’s title derived from the Sempe Stool, supported by a valid lease and a prior court judgment, was superior. The Defendant failed to prove her family’s title or possession with credible documentary evidence, and her site plan did not correspond with the disputed property. The Plaintiff discharged the burden of proof and is entitled to the reliefs sought.

Citation
[2023] GHAHC 21
Parties
Plaintiff: David Odamtten Abbey; Defendant: Shanty Annan
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 February 2023
Procedural Posture
Land Dispute / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Trespass, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Injunction Trespass Burden of Proof

Case Brief

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Parties

David Odamtten Abbey

Plaintiff

Shanty Annan

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute and the building thereon belonged to the Defendant’s grandfather P. J. G. Wilkinson
  2. 2 Whether the Defendant was at all material times in possession of the land in dispute
  3. 3 Whether Plaintiff has been in occupation of the land since 2015

Ratio Decidendi

The Plaintiff established by documentary and expert evidence that the land he claimed is distinct from that claimed by the Defendant. The Plaintiff’s title derived from the Sempe Stool, supported by a valid lease and a prior court judgment, was superior. The Defendant failed to prove her family’s title or possession with credible documentary evidence, and her site plan did not correspond with the disputed property. The Plaintiff discharged the burden of proof and is entitled to the reliefs sought.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title to the land as described in the schedule
  • Recovery of possession