Ampomah Vrs Kumi [2022] GHADC 127 (6 December 2022)

Ampomah Vrs Kumi [2022] GHADC 127 (6 December 2022)

The plaintiff failed to prove title or possession of the land on a balance of probabilities, provided no documentary or corroborative evidence, and her claim of a gift was inconsistent with her pleadings and unproven. The defendant also failed to prove a gift, but this did not shift the burden from the plaintiff. The claim was therefore dismissed.

Citation
[2022] GHADC 127
Parties
Plaintiff: Araba Ampomah; Defendant: Duodu Kumi
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 December 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Claim dismissed
Legal Topics
Title to Land, Burden of Proof, Possession, Evidence, Gifts of Land
Source Language
English
Land Law Civil Procedure Title to Land Burden of Proof Possession Evidence Gifts of Land

Case Brief

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Parties

Araba Ampomah

Plaintiff

Duodu Kumi

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff has title to the land in dispute
  2. 2 Whether the plaintiff has been in possession of the land
  3. 3 Whether the land was gifted to the plaintiff or defendant

Ratio Decidendi

The plaintiff failed to prove title or possession of the land on a balance of probabilities, provided no documentary or corroborative evidence, and her claim of a gift was inconsistent with her pleadings and unproven. The defendant also failed to prove a gift, but this did not shift the burden from the plaintiff. The claim was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Plaintiff's claim is dismissed
  • Costs of GHc20,000.00 awarded against the plaintiff