ADDAE VRS. NKRUMAH (AR/AA/DC/A1/05/2025) [2025] GHADC 19 (24 March 2025)

ADDAE VRS. NKRUMAH (AR/AA/DC/A1/05/2025) [2025] GHADC 19 (24 March 2025)

Plaintiff proved on a balance of probabilities that both cocoa farms belong to the Aduana family; Defendant failed to prove a valid customary gift or entitlement to any share; Defendant’s occupation was not sanctioned by the family and she has no legal interest in the land.

Citation
[2025] GHADC 19
Parties
Plaintiff: Afia Addae; Defendant: Akua Nkrumah
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 March 2025
Case Number
AR/AA/DC/A1/05/2025
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Customary Gift, Family Property
Source Language
English

Case Brief

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Parties

Afia Addae

Plaintiff

Akua Nkrumah

Defendant

Procedural Posture

Civil Land Dispute / Judgment

  1. 1 Whether the one-acre land at Boasoafie belongs to the Plaintiff’s family
  2. 2 Whether the said land was gifted to the Defendant’s husband
  3. 3 Whether the Defendant is entitled to a share of the one and half acre land at Boasoa akyire

Ratio Decidendi

Plaintiff proved on a balance of probabilities that both cocoa farms belong to the Aduana family; Defendant failed to prove a valid customary gift or entitlement to any share; Defendant’s occupation was not sanctioned by the family and she has no legal interest in the land.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title to both cocoa farms (Boasoafie and Boasoa akyire) in favour of Plaintiff’s family
  • Recovery of possession of both cocoa farms to Plaintiff’s family