Teye Vrs Tetteh and Another [2023] GHADC 314 (17 May 2023)

Teye Vrs Tetteh and Another [2023] GHADC 314 (17 May 2023)

Plaintiff failed to prove ownership of the land on a balance of probabilities, did not call boundary owners or principal members as witnesses, and did not provide a title deed in a timely manner. Defendants' evidence of purchase in 1965 was unchallenged. The probability of the land being defendants’ is higher than that of plaintiff.

Citation
[2023] GHADC 314
Parties
Plaintiff: Akoto Teye; Defendant: Ayer James Tetteh; Defendant: Cecilia Mamle Narh
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 May 2023
Procedural Posture
Civil / Judgment
Outcome
plaintiff's claim dismissed, judgment for defendants
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, General Damages, Limitation of Actions
Source Language
English
Land Law Declaration of Title Recovery of Possession Perpetual Injunction General Damages Limitation of Actions

Case Brief

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Parties

Akoto Teye

Plaintiff

Ayer James Tetteh

Defendant

Cecilia Mamle Narh

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plaintiff has proved his case on a balance of probabilities
  2. 2 Whether plaintiff’s claim for declaration of title should be granted
  3. 3 Whether defendants should be injuncted from the land perpetually

Ratio Decidendi

Plaintiff failed to prove ownership of the land on a balance of probabilities, did not call boundary owners or principal members as witnesses, and did not provide a title deed in a timely manner. Defendants' evidence of purchase in 1965 was unchallenged. The probability of the land being defendants’ is higher than that of plaintiff.

Court Disposition

plaintiff's claim dismissed, judgment for defendants

Orders

  • The land in issue remains the property of defendants.
  • Plaintiff to pay GH¢2,000.00 to defendants as damages.