AVOR VRS. BOTWE (A1/15/2023) [2025] GHADC 9 (24 January 2025)

AVOR VRS. BOTWE (A1/15/2023) [2025] GHADC 9 (24 January 2025)

The plaintiff failed to prove that the defendant did not make full payment or that there was an outstanding balance. The defendant has been in possession since 1991, and the plaintiff's conduct acknowledged the defendant's ownership. The claim is also statute-barred under the Limitation Act. The plaintiff's action is dismissed as frivolous and unmeritorious.

Citation
[2025] GHADC 9
Parties
Plaintiff: Ben Kofi Avor; Defendant: Emmanuel Botwe
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 January 2025
Case Number
A1/15/2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's suit dismissed; defendant's counterclaim for damages partially allowed.
Legal Topics
Declaration of Title, Injunction, Recovery of Possession, Damages for Trespass, Limitation of Actions
Source Language
English
Land Law Civil Procedure Declaration of Title Injunction Recovery of Possession Damages for Trespass Limitation of Actions

Case Brief

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Parties

Ben Kofi Avor

Plaintiff

Emmanuel Botwe

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the defendant made a part payment or full payment of the purchase price for the land
  2. 2 Whether the plaintiff is entitled to claim a balance after over 30 years
  3. 3 Whether the plaintiff is entitled to repudiate the sale of the land

Ratio Decidendi

The plaintiff failed to prove that the defendant did not make full payment or that there was an outstanding balance. The defendant has been in possession since 1991, and the plaintiff's conduct acknowledged the defendant's ownership. The claim is also statute-barred under the Limitation Act. The plaintiff's action is dismissed as frivolous and unmeritorious.

Court Disposition

Plaintiff's suit dismissed; defendant's counterclaim for damages partially allowed.

Orders

  • Plaintiff's action dismissed with costs.
  • Defendant awarded general damages of Gh¢1,000.00.