Rahuf Vrs Amponsah [2023] GHAHC 111 (2 May 2023)

Rahuf Vrs Amponsah [2023] GHAHC 111 (2 May 2023)

The Respondent lacks capacity to sue as the land in dispute is public land acquired by the Government of Ghana, and only the Government or its authorized agents can convey title or institute actions regarding it. The purported grants to the Respondent and his grantor are nullities.

Citation
Rahuf Vrs Amponsah [2023] GHAHC 111 (2 May 2023)
Parties
Plaintiff/respondent: Abdul Rahuf; Defendant/applicant: Michael Amponsah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
2 May 2023
Procedural Posture
Land Dispute / Ruling on Application to Strike Out for Want of Capacity
Outcome
Application granted; suit and counterclaim dismissed for want of capacity.
Legal Topics
Capacity to Sue, Public Land, Trespass, Title to Land
Source Language
eng
Land Law Civil Procedure Capacity to Sue Public Land Trespass Title to Land

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Parties

Abdul Rahuf

Plaintiff/respondent

Michael Amponsah

Defendant/applicant

Procedural Posture

Land Dispute / Ruling on Application to Strike Out for Want of Capacity

Legal Issues

  1. 1 Whether the Respondent has capacity to sue regarding the disputed land
  2. 2 Whether the land is public land acquired by the Government of Ghana

Ratio Decidendi

The Respondent lacks capacity to sue as the land in dispute is public land acquired by the Government of Ghana, and only the Government or its authorized agents can convey title or institute actions regarding it. The purported grants to the Respondent and his grantor are nullities.

Court Disposition

Application granted; suit and counterclaim dismissed for want of capacity.

Orders

  • Writ of Summons and Applicant’s Counterclaim dismissed for want of capacity.