YUSSIFU VRS BARGABASE (UE/NA/DC/A1/4/2022) [2024] GHADC 507 (18 July 2024)

YUSSIFU VRS BARGABASE (UE/NA/DC/A1/4/2022) [2024] GHADC 507 (18 July 2024)

Plaintiff failed to prove root of title and acts of possession; evidence established defendant’s ownership by family allocation and continuous possession; PW4 was only a customary licensee, not owner; plaintiff’s claim based on hearsay and unsubstantiated evidence dismissed; defendant’s counterclaim for ownership granted.

Citation
YUSSIFU VRS BARGABASE (UE/NA/DC/A1/4/2022) [2024] GHADC 507 (18 July 2024)
Parties
Plaintiff: Ayishetu Yussifu; Defendant: Mumuni Ayor Dauda Bargabase
Court
ghadc
Jurisdiction
Ghana
Judgment Date
18 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff’s claims dismissed; defendant’s counterclaim for ownership granted in part; injunction granted; damages denied; costs awarded.
Legal Topics
Declaration of Title to Land, Customary Licence, Counterclaim, Burden of Proof, Hearsay Evidence
Source Language
eng
Property Law Customary Law Declaration of Title to Land Customary Licence Counterclaim Burden of Proof Hearsay Evidence

Case Brief

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Parties

Ayishetu Yussifu

Plaintiff

Mumuni Ayor Dauda Bargabase

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the chief of Paga arbitrated and delivered verdict in this case
  2. 2 Whether defendant is the owner of the entire disputed land and whether plaintiff was aware of defendant’s ownership
  3. 3 Whether defendant sold a portion of the disputed land to PW4 or PW4 is a licensee

Ratio Decidendi

Plaintiff failed to prove root of title and acts of possession; evidence established defendant’s ownership by family allocation and continuous possession; PW4 was only a customary licensee, not owner; plaintiff’s claim based on hearsay and unsubstantiated evidence dismissed; defendant’s counterclaim for ownership granted.

Court Disposition

Plaintiff’s claims dismissed; defendant’s counterclaim for ownership granted in part; injunction granted; damages denied; costs awarded.

Orders

  • Plaintiff’s reliefs dismissed
  • Defendant declared owner of entire disputed land