Twumwaa Vrs Ofosu and Another [2023] GHADC 320 (20 March 2023)

Twumwaa Vrs Ofosu and Another [2023] GHADC 320 (20 March 2023)

The plaintiff proved the root of her title by tracing it to her deceased father, who acquired and built on the land. The second defendant denied selling the land to the first defendant and confirmed the plaintiff's account. Therefore, the plaintiff is entitled to the declaration of title and removal of the defendant's structures.

Citation
[2023] GHADC 320
Parties
Plaintiff: Asi Twumwaa; Defendant: Rev. Doris Ofosu; Defendant: Abu Kwadwo Dwamena
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 March 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Declaration of Title, Removal of Structures, Proof of Title
Source Language
English
Land Law Declaration of Title Removal of Structures Proof of Title

Case Brief

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Parties

Asi Twumwaa

Plaintiff

Rev. Doris Ofosu

Defendant

Abu Kwadwo Dwamena

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a declaration of title to the disputed land
  2. 2 Whether the first defendant unlawfully erected structures on the land

Ratio Decidendi

The plaintiff proved the root of her title by tracing it to her deceased father, who acquired and built on the land. The second defendant denied selling the land to the first defendant and confirmed the plaintiff's account. Therefore, the plaintiff is entitled to the declaration of title and removal of the defendant's structures.

Court Disposition

judgment for the plaintiff

Orders

  • Declaration of title to the plaintiff for the disputed land
  • First defendant to immediately remove her temporal structure and any property from the land