AMADU VRS NENDOMAAGYEME (A1/12/2023) [2024] GHADC 360 (16 July 2024)

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

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Parties

Atta Amadu

Plaintiff

Benjamin Nsoah Nendomaagyeme

Defendant

Procedural Posture

Civil / Final Judgment

  1. 1 Whether Plaintiff is owner of the disputed land
  2. 2 Whether Plaintiff has discharged the burden of proof
  3. 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