AMADU VRS NENDOMAAGYEME (A1/12/2023) [2024] GHADC 360 (16 July 2024)
Plaintiff failed to discharge the burden of proof by not providing credible evidence of his grantor’s ownership or the precise identity of the land. Mere allocation papers and uncorroborated testimony are insufficient to establish title. Plaintiff’s action fails for lack of proof.
- Citation
- AMADU VRS NENDOMAAGYEME (A1/12/2023) [2024] GHADC 360 (16 July 2024)
- Parties
- Plaintiff: Atta Amadu; Defendant: Benjamin Nsoah Nendomaagyeme
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 16 July 2024
- Procedural Posture
- Civil / Final Judgment
- Outcome
- Plaintiff’s action dismissed
- Legal Topics
- Declaration of Title, Recovery of Possession, Trespass, Burden of Proof, Land Allocation, Evidentiary Standards
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Atta Amadu
Plaintiff
Benjamin Nsoah Nendomaagyeme
Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether Plaintiff is owner of the disputed land
- 2 Whether Plaintiff has discharged the burden of proof
- 3 Whether Defendant has trespassed unto Plaintiff’s land
Ratio Decidendi
Plaintiff failed to discharge the burden of proof by not providing credible evidence of his grantor’s ownership or the precise identity of the land. Mere allocation papers and uncorroborated testimony are insufficient to establish title. Plaintiff’s action fails for lack of proof.
Court Disposition
Plaintiff’s action dismissed
Orders
- Costs assessed at GHS 8,000.00 in favour of Defendant against Plaintiff
- Interest at 24.78% per annum on costs
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