Abolekeve Vrs Tanoe [2023] GHADC 585 (16 March 2023)

Abolekeve Vrs Tanoe [2023] GHADC 585 (16 March 2023)

The Plaintiff proved root of title, mode of acquisition, and acts of possession over the disputed land, supported by prior judgments and uncontroverted evidence, while the Defendant failed to establish title or rebut Plaintiff's evidence. Title is declared in favour of the Plaintiff.

Citation
Abolekeve Vrs Tanoe [2023] GHADC 585 (16 March 2023)
Parties
Plaintiff: Abusuakpanyinli Abolekeve; Defendant: Tanoe
Court
ghadc
Jurisdiction
Ghana
Judgment Date
16 March 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Declaration of Title to Land, Customary Land Ownership, Injunction, Family Land Rights
Source Language
eng
Land Law Customary Law Declaration of Title to Land Customary Land Ownership Injunction Family Land Rights

Case Brief

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Parties

Abusuakpanyinli Abolekeve

Plaintiff

Tanoe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether title to the disputed land at Mpeasem should be declared in favour of the Plaintiff or Defendant

Ratio Decidendi

The Plaintiff proved root of title, mode of acquisition, and acts of possession over the disputed land, supported by prior judgments and uncontroverted evidence, while the Defendant failed to establish title or rebut Plaintiff's evidence. Title is declared in favour of the Plaintiff.

Court Disposition

Judgment for the Plaintiff

Orders

  • Title in the disputed land declared in favour of the Plaintiff.
  • Defendant is only entitled to the coconut trees on the land.