PIOUS VRS KUDZO (A1/02/2021) [2022] GHADC 429 (18 October 2022)

PIOUS VRS KUDZO (A1/02/2021) [2022] GHADC 429 (18 October 2022)

Simon Adzogah lacked capacity under customary law to sell the land as he was not a principal member or head of the family, and the sale was not consented to by the family. Therefore, the defendant acquired no valid title, and the plaintiff, having proved his claim by preponderance of probabilities, is entitled to declaration of title and recovery of possession.

Citation
[2022] GHADC 429
Parties
Plaintiff: Adzogah Pious; Defendant: Agbletor Kudzo
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 October 2022
Case Number
A1/02/2021
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Ownership, Recovery of Possession, Capacity to Sell Family Land, Customary Land Sale
Source Language
English
Land Law Customary Law Declaration of Title Ownership Recovery of Possession Capacity to Sell Family Land Customary Land Sale

Case Brief

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Parties

Adzogah Pious

Plaintiff

Agbletor Kudzo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Simon Adzogah had capacity to dispose of the land without consent of principal family members and Head of Family
  2. 2 Whether the sale by Simon Adzogah to the defendant gave him good title
  3. 3 Whether the defendant has a bona fide title to the land by purchase

Ratio Decidendi

Simon Adzogah lacked capacity under customary law to sell the land as he was not a principal member or head of the family, and the sale was not consented to by the family. Therefore, the defendant acquired no valid title, and the plaintiff, having proved his claim by preponderance of probabilities, is entitled to declaration of title and recovery of possession.

Court Disposition

judgment for plaintiff

Orders

  • Declaration of title and recovery of possession of the parcel of land at Liati – Dalekpedzi in favour of plaintiff
  • Perpetual injunction restraining defendant and his agents from exercising any rights or interest on the land