Adatsi Vrs Hlormetsi [2022] GHADC 203 (31 October 2022)

Adatsi Vrs Hlormetsi [2022] GHADC 203 (31 October 2022)

Plaintiff established acquisition and possession of the land on a balance of probabilities; defendants failed to prove fraud or take timely steps to set aside sale; subsequent sale by 1st defendant to 2nd defendant is void.

Citation
[2022] GHADC 203
Parties
Plaintiff: Norvi Adatsi; Defendant: Blibo Hlormetsi (substituted by Regent Torgbui Amefinu II & Anor.)
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Damages for Trespass, Family Land, Conveyancing, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Damages for Trespass Family Land Conveyancing +1 more

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Parties

Norvi Adatsi

Plaintiff

Blibo Hlormetsi (substituted by Regent Torgbui Amefinu II & Anor.)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the land in dispute was acquired by the plaintiff
  2. 2 Whether the acquisition by the plaintiff was valid
  3. 3 Effect of the acquisition of the land by 2nd defendant from the 1st defendant

Ratio Decidendi

Plaintiff established acquisition and possession of the land on a balance of probabilities; defendants failed to prove fraud or take timely steps to set aside sale; subsequent sale by 1st defendant to 2nd defendant is void.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration of title to the land for plaintiff
  • Recovery of possession to plaintiff