ABDULAI & ANOTHER VRS MULBI (NR/BB/DC/A1/03/2024) [2024] GHADC 419 (30 May 2024)

ABDULAI & ANOTHER VRS MULBI (NR/BB/DC/A1/03/2024) [2024] GHADC 419 (30 May 2024)

Plaintiffs established, on a balance of probabilities, that the disputed land is their ancestral farmland and that Defendant’s occupation was as a licensee, not owner. Defendant’s evidence was inconsistent and failed to rebut Plaintiffs’ case. Plaintiffs are entitled to declaration of title, recovery of possession, injunction, and costs.

Citation
ABDULAI & ANOTHER VRS MULBI (NR/BB/DC/A1/03/2024) [2024] GHADC 419 (30 May 2024)
Parties
Plaintiff: Alhassan Abdulai; Plaintiff: Neina Issahaku; Defendant: Taamon Mulbi
Court
ghadc
Jurisdiction
Ghana
Judgment Date
30 May 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Customary Tenancy, Licensee Licensor Relationship
Source Language
eng
Land Law Customary Law Declaration of Title Recovery of Possession Perpetual Injunction Customary Tenancy Licensee Licensor Relationship

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Parties

Alhassan Abdulai

Plaintiff

Neina Issahaku

Plaintiff

Taamon Mulbi

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the disputed land belongs to the Plaintiffs’ fathers
  2. 2 Whether the late Kabu–Naa sought permission of the disputed land from the regent of Dakpam for the Defendant

Ratio Decidendi

Plaintiffs established, on a balance of probabilities, that the disputed land is their ancestral farmland and that Defendant’s occupation was as a licensee, not owner. Defendant’s evidence was inconsistent and failed to rebut Plaintiffs’ case. Plaintiffs are entitled to declaration of title, recovery of possession, injunction, and costs.

Court Disposition

judgment for plaintiffs

Orders

  • Declaration that the over 100 acres of farm land are the Plaintiffs’ farm lands.
  • Recovery and possession of the land granted to Plaintiffs.