BOAMPONG VRS KORANKYE AND THREE OTHERS (A1/198/2021; A1/198/2021) [2024] GHACC 245 (28 March 2024)

BOAMPONG VRS KORANKYE AND THREE OTHERS (A1/198/2021; A1/198/2021) [2024] GHACC 245 (28 March 2024)

Plaintiff and his family acquired usufructuary interest in the land through long possession and cultivation; defendants are obligated by law and custom to replace land taken for development with suitable alternative plots. Plaintiff failed to prove entitlement to reimbursement for building costs due to lack of credible evidence.

Citation
BOAMPONG VRS KORANKYE AND THREE OTHERS (A1/198/2021; A1/198/2021) [2024] GHACC 245 (28 March 2024)
Parties
Plaintiff: Charles Boampong; 1st Defendant: Nana Atta Yaw Korankye; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant: 4th Defendant (deceased)
Court
ghacc
Jurisdiction
Ghana
Judgment Date
28 March 2024
Procedural Posture
Civil Land / Final Judgment
Outcome
Partly granted, partly dismissed
Legal Topics
Usufructuary Interest, Allodial Title, Compensation for Land Acquisition, Customary Law, Burden of Proof
Source Language
eng
Land Law Civil Procedure Usufructuary Interest Allodial Title Compensation for Land Acquisition Customary Law Burden of Proof

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Parties

Charles Boampong

Plaintiff

Nana Atta Yaw Korankye

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant (deceased)

4th Defendant

Procedural Posture

Civil Land / Final Judgment

Legal Issues

  1. 1 Whether defendants are liable to replace the 6 plots of land plaintiff claims he owned
  2. 2 Whether defendants are liable to reimburse plaintiff GH₵26,700.00 for building costs
  3. 3 Whether defendants are liable to pay interest on GH₵26,700.00

Ratio Decidendi

Plaintiff and his family acquired usufructuary interest in the land through long possession and cultivation; defendants are obligated by law and custom to replace land taken for development with suitable alternative plots. Plaintiff failed to prove entitlement to reimbursement for building costs due to lack of credible evidence.

Court Disposition

Partly granted, partly dismissed

Orders

  • Defendants ordered to release two suitable plots of land within Abankro of equal or similar value to original 6 plots to plaintiff within four weeks.
  • Defendants ordered to execute a document in plaintiff's name covering the two plots within four weeks.