Dautey & Another Vrs Kwao [2022] GHACC 75 (5 December 2022)

Dautey & Another Vrs Kwao [2022] GHACC 75 (5 December 2022)

The plaintiffs (Okpetse family) established their claim to the disputed land on the balance of probabilities, supported by prior default judgment and evidence of first settlement and license arrangement. Defendants' evidence was contradictory and unsupported by documentation. The court found for the plaintiffs and dismissed the counterclaim.

Citation
[2022] GHACC 75
Parties
Plaintiff: Abraham Dautey; Plaintiff: Gifty Dautey; Defendant: Adjimeh Kwao
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 December 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for plaintiffs; counterclaim dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Counterclaim
Source Language
English
Land Law Declaration of Title Recovery of Possession Trespass Perpetual Injunction Counterclaim

Case Brief

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Parties

Abraham Dautey

Plaintiff

Gifty Dautey

Plaintiff

Adjimeh Kwao

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the disputed land at Odjam belongs to the Okpetse family (plaintiffs)
  2. 2 Whether the disputed land at Odjam belongs to the Adjimeh family (defendants)
  3. 3 Whether Adjimeh, Wordjimeh, and Okpetse families were first settlers on the land

Ratio Decidendi

The plaintiffs (Okpetse family) established their claim to the disputed land on the balance of probabilities, supported by prior default judgment and evidence of first settlement and license arrangement. Defendants' evidence was contradictory and unsupported by documentation. The court found for the plaintiffs and dismissed the counterclaim.

Court Disposition

Judgment for plaintiffs; counterclaim dismissed

Orders

  • Declaration of title in favour of Okpetse family (plaintiffs)
  • Recovery of possession of the disputed land