PIOUS VRS KUDZO (A1/02/2021) [2022] GHADC 371 (18 October 2022)

Simon Adzogah lacked capacity under customary law to sell the land as he was not a principal family member or head of family, and the sale to defendant was void. Plaintiff proved his claim to the land by preponderance of probabilities.

Citation: [2022] GHADC 371
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

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Parties

Adzogah Pious

Plaintiff

Agbletor Kudzo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

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

Ratio Decidendi

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 those claiming through him from exercising rights or interest on the land