NASIGRI VRS GIBRINE (NR/TL/HC/E1/12/21) [2024] GHAHC 332 (26 February 2024)

NASIGRI VRS GIBRINE (NR/TL/HC/E1/12/21) [2024] GHAHC 332 (26 February 2024)

The plaintiff failed to prove on the balance of probabilities that he is the owner of Plot No. 315 Gbolo-Kpalsi Residential Area Extension Block C. The allocation paper and statutory declaration relied upon by the plaintiff were found to be unreliable, lacking corroboration, and not emanating from the proper authority. The plaintiff did not discharge the burden of proof required for a declaration of title, and the weaknesses in the defendant's case could not be relied upon to establish the plaintiff's claim.

Citation
NASIGRI VRS GIBRINE (NR/TL/HC/E1/12/21) [2024] GHAHC 332 (26 February 2024)
Parties
Plaintiff: Ahmed Nasigri; Defendant: Alhassan Gibrine
Court
ghahc
Jurisdiction
Ghana
Judgment Date
26 February 2024
Procedural Posture
Civil Land Ownership Dispute / Final Judgment
Outcome
Plaintiff's claims dismissed.
Legal Topics
Declaration of Title to Land, Injunctions, Trespass, Burden of Proof, Documentary Evidence
Source Language
eng
Land Law Civil Procedure Declaration of Title to Land Injunctions Trespass Burden of Proof Documentary Evidence

Case Brief

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Parties

Ahmed Nasigri

Plaintiff

Alhassan Gibrine

Defendant

Procedural Posture

Civil Land Ownership Dispute / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is the owner of Plot No. 315 Gbolo-Kpalsi Residential Area Extension Block C.
  2. 2 Whether the defendant has trespassed onto the said plot.
  3. 3 Whether the defendant has a valid grant or lease in respect of the disputed plot.

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that he is the owner of Plot No. 315 Gbolo-Kpalsi Residential Area Extension Block C. The allocation paper and statutory declaration relied upon by the plaintiff were found to be unreliable, lacking corroboration, and not emanating from the proper authority. The plaintiff did not discharge the burden of proof required for a declaration of title, and the weaknesses in the defendant's case could not be relied upon to establish the plaintiff's claim.

Court Disposition

Plaintiff's claims dismissed.

Orders

  • Plaintiff's reliefs for declaration of title, injunctions, recovery of possession, damages, and costs are dismissed.
  • Costs of GHs 15,000.00 awarded against the plaintiff in favour of the defendant.