KARIM AND ANOTHER VRS GYIMAH AND ANOTHER [2024] GHADC 283 (26 June 2024)

KARIM AND ANOTHER VRS GYIMAH AND ANOTHER [2024] GHADC 283 (26 June 2024)

Plaintiffs established acts of open and peaceful possession of the disputed land for over 12 years, which was visible to the Defendants and the world. Defendants failed to exercise acts of possession or challenge Plaintiffs' possession within the statutory period. Defendants' title, even if valid, is extinguished by Plaintiffs' adverse possession under Section 10 of the Limitation Act, 1972 (NRCD 54). Plaintiffs are entitled to declaratory title and reliefs sought. Defendants' counterclaim fails.

Citation
KARIM AND ANOTHER VRS GYIMAH AND ANOTHER [2024] GHADC 283 (26 June 2024)
Parties
Plaintiff: Alhaji Abdul Karim; Plaintiff: Madam Abena Kwago; Defendant: Ofori Gyimah; Defendant: Yaw Omanhene-Gyimah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
26 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Adverse Possession, Trespass, Title to Land, Limitation of Actions, Burden of Proof
Source Language
eng
Land Law Civil Procedure Adverse Possession Trespass Title to Land Limitation of Actions Burden of Proof

Case Brief

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Parties

Alhaji Abdul Karim

Plaintiff

Madam Abena Kwago

Plaintiff

Ofori Gyimah

Defendant

Yaw Omanhene-Gyimah

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the disputed land is situate at Baworo or Tikrom
  2. 2 Whether the disputed land belongs to the Plaintiffs or Defendants
  3. 3 Whether the action is statute barred

Ratio Decidendi

Plaintiffs established acts of open and peaceful possession of the disputed land for over 12 years, which was visible to the Defendants and the world. Defendants failed to exercise acts of possession or challenge Plaintiffs' possession within the statutory period. Defendants' title, even if valid, is extinguished by Plaintiffs' adverse possession under Section 10 of the Limitation Act, 1972 (NRCD 54). Plaintiffs are entitled to declaratory title and reliefs sought. Defendants' counterclaim fails.

Court Disposition

Judgment for Plaintiffs

Orders

  • Declaration that Defendants' act of putting up a structure on Plots 26, 26A, 26B Block 'B' constitutes trespass
  • Perpetual injunction restraining Defendants and their agents from interfering with Plaintiffs' possession of the land