DARKO VRS. SACKEY (A1/10/20) [2025] GHADC 14 (14 January 2025)

DARKO VRS. SACKEY (A1/10/20) [2025] GHADC 14 (14 January 2025)

The Plaintiff failed to prove that the Asona family still owned the land at the time of the purported gift, as evidence showed a prior grant had already been made to the Defendant's grantor. Consequently, the Plaintiff's title is void and she is not entitled to the reliefs sought.

Citation
[2025] GHADC 14
Parties
Plaintiff: Alice Constance Naana Darko; Defendant: Dr. Sackey
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 January 2025
Case Number
A1/10/20
Procedural Posture
Land Dispute / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Declaration of Title, Customary Land Gift, Prior Grant, Burden of Proof, Injunction, Damages for Trespass
Source Language
English
Land Law Civil Procedure Declaration of Title Customary Land Gift Prior Grant Burden of Proof Injunction Damages for Trespass

Case Brief

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Parties

Alice Constance Naana Darko

Plaintiff

Dr. Sackey

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the customary gift through which the Plaintiff claims to have acquired the land in contention from the Asona Family is valid

Ratio Decidendi

The Plaintiff failed to prove that the Asona family still owned the land at the time of the purported gift, as evidence showed a prior grant had already been made to the Defendant's grantor. Consequently, the Plaintiff's title is void and she is not entitled to the reliefs sought.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff is not entitled to any of her reliefs
  • Cost of GHS 20,000 awarded against the Plaintiff