KYEKYEKU VRS TEKU & ANOR (A1/16/22) [2024] GHADC 154 (13 March 2024)

KYEKYEKU VRS TEKU & ANOR (A1/16/22) [2024] GHADC 154 (13 March 2024)

The Plaintiff failed to prove that the 1st Defendant owned the disputed farmland or had authority to sell it. The oral sale agreement was not valid under the Land Act, 2020 (Act 1036) as it was not in writing and signed. The 2nd Defendant's documentary title was unchallenged. Therefore, the Plaintiff is not entitled to the reliefs sought.

Citation
KYEKYEKU VRS TEKU & ANOR (A1/16/22) [2024] GHADC 154 (13 March 2024)
Parties
Plaintiff: Alex Oppong Kyekyeku; 1st Defendant: Samuel Yaw Teku a.k.a Mr. Kudjoe; 2nd Defendant: Cecilia Teku
Court
ghadc
Jurisdiction
Ghana
Judgment Date
13 March 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Declaration of Title, Sale of Land, Possession, Injunction, Burden of Proof
Source Language
eng
Property Law Land Law Declaration of Title Sale of Land Possession Injunction Burden of Proof

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Parties

Alex Oppong Kyekyeku

Plaintiff

Samuel Yaw Teku a.k.a Mr. Kudjoe

1st Defendant

Cecilia Teku

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st Defendant owned the disputed farmland
  2. 2 Whether the oral sale agreement between the 1st Defendant and the Plaintiff on 17th May, 2012 is valid

Ratio Decidendi

The Plaintiff failed to prove that the 1st Defendant owned the disputed farmland or had authority to sell it. The oral sale agreement was not valid under the Land Act, 2020 (Act 1036) as it was not in writing and signed. The 2nd Defendant's documentary title was unchallenged. Therefore, the Plaintiff is not entitled to the reliefs sought.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Plaintiff's claims for declaration of title, ownership, possession, and injunction are dismissed.
  • Cost of GHS6,000.00 awarded against the Plaintiff and in favour of the 2nd Defendant.