NAAB VRS MOARE & ANOTHER (E/BG/DC/A1/2/2017) [2024] GHADC 35 (19 February 2024)

NAAB VRS MOARE & ANOTHER (E/BG/DC/A1/2/2017) [2024] GHADC 35 (19 February 2024)

Defendants’ traditional evidence and acts of possession are more probable and credible than Plaintiff’s claims. Defendants established ownership by preponderance of probabilities, supported by recent acts and undisturbed possession. Plaintiff failed to discharge burden of proof.

Source-derived case information.

Citation
NAAB VRS MOARE & ANOTHER (E/BG/DC/A1/2/2017) [2024] GHADC 35 (19 February 2024)
Parties
Plaintiff: Abukari Naab; Defendant: Boayir-Zor Kumketi; Defendant: Osman Paare
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
plaintiff’s action dismissed, defendants’ counterclaim granted
Legal Topics
Declaration of Title, Counterclaim, Burden of Proof, Traditional Evidence, Possession, Injunction, Costs
Source Language
en
Land Law Customary Law Declaration of Title Counterclaim Burden of Proof Traditional Evidence Possession Injunction +1 more

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Parties

Abukari Naab

Plaintiff

Boayir-Zor Kumketi

Defendant

Osman Paare

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether 1st Defendant is a licensee on the land in dispute
  2. 2 Which traditional history or evidence is more probable
  3. 3 Whether the land in dispute belongs to Plaintiff’s family or Defendants’ family

Ratio Decidendi

Defendants’ traditional evidence and acts of possession are more probable and credible than Plaintiff’s claims. Defendants established ownership by preponderance of probabilities, supported by recent acts and undisturbed possession. Plaintiff failed to discharge burden of proof.

Court Disposition

plaintiff’s action dismissed, defendants’ counterclaim granted

Orders

  • Plaintiff’s action dismissed
  • Defendants declared owners of the land in dispute