ASUM VRS BOAME & 2 OTHERS (BR/SP/DC/A1/12/2023) [2024] GHADC 264 (7 February 2024)

ASUM VRS BOAME & 2 OTHERS (BR/SP/DC/A1/12/2023) [2024] GHADC 264 (7 February 2024)

Plaintiff failed to prove by a preponderance of probabilities that the disputed land belongs to the Priti Royal Family. Evidence established that the land belongs to the Domeabra Royal Family of Goka, acquired and possessed by defendants' ancestors for over 100 years. Plaintiff's claim is dismissed and title confirmed in defendants.

Citation
ASUM VRS BOAME & 2 OTHERS (BR/SP/DC/A1/12/2023) [2024] GHADC 264 (7 February 2024)
Parties
Plaintiff: Asum Gordon; Defendant: Akosua Boame; Defendant: George Adum; Defendant: Ankamah Emmanuel
Court
ghadc
Jurisdiction
Ghana
Judgment Date
7 February 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action dismissed. Judgment for defendants.
Legal Topics
Title to Land, Family Property, Burden of Proof, Injunction, Possession
Source Language
eng
Land Law Title to Land Family Property Burden of Proof Injunction Possession

Case Brief

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Parties

Asum Gordon

Plaintiff

Akosua Boame

Defendant

George Adum

Defendant

Ankamah Emmanuel

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title and possession of the disputed land
  2. 2 Whether the defendants are entitled to ownership of the disputed land

Ratio Decidendi

Plaintiff failed to prove by a preponderance of probabilities that the disputed land belongs to the Priti Royal Family. Evidence established that the land belongs to the Domeabra Royal Family of Goka, acquired and possessed by defendants' ancestors for over 100 years. Plaintiff's claim is dismissed and title confirmed in defendants.

Court Disposition

Plaintiff's action dismissed. Judgment for defendants.

Orders

  • Title to the 25-acre cashew farm at Asuokor on Goka Stool Lands declared for defendants.
  • Defendants adjudged true owners and entitled to possession and use of the land.