Ashigbui & 3 Others Vrs Voegborlo & Another [2023] GHAHC 219 (16 January 2023)

Ashigbui & 3 Others Vrs Voegborlo & Another [2023] GHAHC 219 (16 January 2023)

Plaintiffs failed to prove title, identity, and possession of the disputed land; the land was acquired by Togbi Tsili II under judicial sale, and Defendants have exercised long, undisturbed possession. Plaintiffs' claim is statute-barred and estopped by conduct.

Citation
Ashigbui & 3 Others Vrs Voegborlo & Another [2023] GHAHC 219 (16 January 2023)
Parties
Plaintiff: Christian Kodzo Ashigbui; Plaintiff: Dzahi Dzivenu; Plaintiff: Gabu Degbor; Plaintiff: Edmund Victor Kofi Gabu; 1st Defendant: Gifty Rejoice Kwami Voegborlo (substituted by Dela Voegborlo); 2nd Defendant: Scancom Limited
Court
ghahc
Jurisdiction
Ghana
Judgment Date
16 January 2023
Procedural Posture
Civil Land Title Declaration / Judgment After Trial
Outcome
Plaintiffs' suit dismissed; all reliefs refused as without merit.
Legal Topics
Declaration of Title to Land, Trespass, Recovery of Possession, Injunction, Adverse Possession, Statute Barred Claims, Estoppel
Source Language
eng
Property Law Civil Procedure Declaration of Title to Land Trespass Recovery of Possession Injunction Adverse Possession Statute Barred Claims +1 more

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Parties

Christian Kodzo Ashigbui

Plaintiff

Dzahi Dzivenu

Plaintiff

Gabu Degbor

Plaintiff

Edmund Victor Kofi Gabu

Plaintiff

Gifty Rejoice Kwami Voegborlo (substituted by Dela Voegborlo)

1st Defendant

Scancom Limited

2nd Defendant

Procedural Posture

Civil Land Title Declaration / Judgment After Trial

Legal Issues

  1. 1 Whether the land in question is the property of the plaintiffs
  2. 2 Whether the land in question was acquired by Togbi Tsili II
  3. 3 Whether the plaintiffs' action is statute-barred

Ratio Decidendi

Plaintiffs failed to prove title, identity, and possession of the disputed land; the land was acquired by Togbi Tsili II under judicial sale, and Defendants have exercised long, undisturbed possession. Plaintiffs' claim is statute-barred and estopped by conduct.

Court Disposition

Plaintiffs' suit dismissed; all reliefs refused as without merit.