ADJEI & OR. VRS AMOAKO (C1/80/2020) [2024] GHACC 210 (24 July 2024)

ADJEI & OR. VRS AMOAKO (C1/80/2020) [2024] GHACC 210 (24 July 2024)

Defendant has been in continuous, undisturbed possession of the disputed land since 1990, constructed buildings, and put caretakers in possession. Plaintiff and his grantors failed to assert their rights for over 12 years, making Plaintiff's claim statute-barred under the Limitation Act, 1972. Defendant is entitled to declaration of title and injunction; Plaintiff's claims are dismissed.

Citation
ADJEI & OR. VRS AMOAKO (C1/80/2020) [2024] GHACC 210 (24 July 2024)
Parties
Plaintiff: Alhaji Tabora; Defendant: Joseph Amoako of Pokuase
Court
ghacc
Jurisdiction
Ghana
Judgment Date
24 July 2024
Procedural Posture
Civil Land/title/ownership / Judgment After Full Trial
Outcome
Plaintiff's claims dismissed; Defendant's counterclaim succeeds.
Legal Topics
Declaration of Title to Land, Limitation of Actions, Adverse Possession, Trespass, Perpetual Injunction, Counterclaim
Source Language
eng
Land Law Civil Procedure Declaration of Title to Land Limitation of Actions Adverse Possession Trespass Perpetual Injunction Counterclaim

Case Brief

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Parties

Alhaji Tabora

Plaintiff

Joseph Amoako of Pokuase

Defendant

Procedural Posture

Civil Land/title/ownership / Judgment After Full Trial

Legal Issues

  1. 1 Whether Plaintiff validly acquired title to the disputed land in 2019 from the Nunoo family
  2. 2 Whether Plaintiff entered into possession and occupation of the land after acquisition
  3. 3 Whether Defendant acquired his land in 1990/2006 from the Onamansoro family and has been in possession since

Ratio Decidendi

Defendant has been in continuous, undisturbed possession of the disputed land since 1990, constructed buildings, and put caretakers in possession. Plaintiff and his grantors failed to assert their rights for over 12 years, making Plaintiff's claim statute-barred under the Limitation Act, 1972. Defendant is entitled to declaration of title and injunction; Plaintiff's claims are dismissed.

Court Disposition

Plaintiff's claims dismissed; Defendant's counterclaim succeeds.

Orders

  • Declaration that Defendant is owner of the disputed land as described in the judgment.
  • Perpetual injunction restraining Plaintiff, his agents, assigns, and workmen from trespass or possession of the land.