BEYIFENE VRS NDAALI (NR/DC/KPA/A1/9/2024) [2025] GHADC 1 (17 January 2025)

BEYIFENE VRS NDAALI (NR/DC/KPA/A1/9/2024) [2025] GHADC 1 (17 January 2025)

The Plaintiff failed to prove, on a balance of probabilities, that his mother acquired title to the disputed land, as the receipt tendered was only evidence of payment and not a conveyance of title. The Plaintiff also failed to prove acts of possession or ownership of the palm trees, and did not call material witnesses such as boundary owners. Consequently, the Plaintiff’s claims for declaration of title, recovery of land, damages, and injunction failed.

Citation
[2025] GHADC 1
Parties
Plaintiff: Beyifene Yaw; Defendant: Ndaali Yajar Munanbe Sampson
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 January 2025
Case Number
NR/DC/KPA/A1/9/2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's suit dismissed in its entirety.
Legal Topics
Declaration of Title to Land, Proof of Ownership, Acts of Possession, Damages for Destruction of Property, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title to Land Proof of Ownership Acts of Possession Damages for Destruction of Property Burden of Proof

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Parties

Beyifene Yaw

Plaintiff

Ndaali Yajar Munanbe Sampson

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiff’s mother acquired title to the disputed land
  2. 2 Whether the palm trees on the disputed land were felled by the Defendant

Ratio Decidendi

The Plaintiff failed to prove, on a balance of probabilities, that his mother acquired title to the disputed land, as the receipt tendered was only evidence of payment and not a conveyance of title. The Plaintiff also failed to prove acts of possession or ownership of the palm trees, and did not call material witnesses such as boundary owners. Consequently, the Plaintiff’s claims for declaration of title, recovery of land, damages, and injunction failed.

Court Disposition

Plaintiff's suit dismissed in its entirety.

Orders

  • Plaintiff’s reliefs dismissed
  • Plaintiff to pay costs of GH¢2,000 to the Defendant