Owusua Vrs Safo & 1 Another [2022] GHACC 192 (31 October 2022)

Owusua Vrs Safo & 1 Another [2022] GHACC 192 (31 October 2022)

Plaintiff failed to establish the identity of the land in dispute and its boundaries as required by law; the lands described by the parties are different, making it impossible for the Court to grant the reliefs sought.

Citation
[2022] GHACC 192
Parties
Plaintiff: Abena Owusua; 1st Defendant: Owusu Obeng Safo (substituted by Ebene Sika Owusu); 2nd Defendant: Nana Anyane Boadum II
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Suit dismissed
Legal Topics
Declaration of Title, Tenancy, Abunu/abusa Tenancy, Estoppel by Res Judicata, Limitation of Actions
Source Language
English
Land Law Declaration of Title Tenancy Abunu/abusa Tenancy Estoppel by Res Judicata Limitation of Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Abena Owusua

Plaintiff

Owusu Obeng Safo (substituted by Ebene Sika Owusu)

1st Defendant

Nana Anyane Boadum II

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute belongs to the Plaintiff
  2. 2 Whether the disputed land is owned by Nana Anyane Boadum II
  3. 3 Whether the 1st Defendant has been in possession of the land and atoned tenancy to Nana Anyane Boadum II

Ratio Decidendi

Plaintiff failed to establish the identity of the land in dispute and its boundaries as required by law; the lands described by the parties are different, making it impossible for the Court to grant the reliefs sought.

Court Disposition

Suit dismissed

Orders

  • Plaintiff’s suit is dismissed.
  • Plaintiff to pay costs of GH¢2,000.00 to the Defendants.