Agyepong v Aquaye (A1/62/2021) [2024] GHACC 409 (2 December 2024)

Agyepong v Aquaye (A1/62/2021) [2024] GHACC 409 (2 December 2024)

The plaintiff established a superior title to the land through documentary evidence and corroborating witness testimony, while the defendant failed to substantiate his claim with credible evidence or witnesses. The preponderance of probabilities favoured the plaintiff, entitling her to the reliefs sought.

Citation
[2024] GHACC 409
Parties
Plaintiff: Agyepong Akua Chenille; Defendant: Joseph Aquaye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
2 December 2024
Case Number
A1/62/2021
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Declaration of Title, Trespass, Injunction, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Burden of Proof

Case Brief

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Parties

Agyepong Akua Chenille

Plaintiff

Joseph Aquaye

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has title to the disputed land at Adjikpo, Somanya
  2. 2 Whether the plaintiff is entitled to recover possession of the land
  3. 3 Whether the defendant should be injuncted from dealing with the land

Ratio Decidendi

The plaintiff established a superior title to the land through documentary evidence and corroborating witness testimony, while the defendant failed to substantiate his claim with credible evidence or witnesses. The preponderance of probabilities favoured the plaintiff, entitling her to the reliefs sought.

Court Disposition

judgment for the plaintiff

Orders

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