DANQUAH VRS AMOAH (A1/35/2019) [2024] GHADC 289 (30 July 2024)

DANQUAH VRS AMOAH (A1/35/2019) [2024] GHADC 289 (30 July 2024)

The deceased husband’s unilateral sale of half the jointly owned property severed the joint tenancy, creating a tenancy in common. The sale was valid for his portion, entitling Felicia Amoah to half the plot. Reliefs for compensation and damages were not proven and are denied.

Citation
DANQUAH VRS AMOAH (A1/35/2019) [2024] GHADC 289 (30 July 2024)
Parties
Plaintiff in Counterclaim: Felicia Amoah; Defendant to Counterclaim: Princella Boatemaa Danquah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
30 July 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Counterclaim succeeds in part.
Legal Topics
Joint Tenancy, Tenancy in Common, Counterclaim, Land Ownership, Alienation of Property
Source Language
eng
Property Law Civil Procedure Joint Tenancy Tenancy in Common Counterclaim Land Ownership Alienation of Property

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Parties

Felicia Amoah

Plaintiff in Counterclaim

Princella Boatemaa Danquah

Defendant to Counterclaim

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff in the counterclaim is entitled to declaration of title to half of plot 29 Block B
  2. 2 Whether the sale by the deceased husband severed the joint tenancy
  3. 3 Whether the plaintiff in the counterclaim is entitled to recovery of possession and perpetual injunction

Ratio Decidendi

The deceased husband’s unilateral sale of half the jointly owned property severed the joint tenancy, creating a tenancy in common. The sale was valid for his portion, entitling Felicia Amoah to half the plot. Reliefs for compensation and damages were not proven and are denied.

Court Disposition

Counterclaim succeeds in part.

Orders

  • Declaration of title to half of plot 29 Block B in favour of Felicia Amoah
  • Recovery of possession of the said half plot