Codjoe and Another Vrs Adutwum [2023] GHAHC 7 (2 February 2023)

Codjoe and Another Vrs Adutwum [2023] GHAHC 7 (2 February 2023)

The Plaintiffs proved by credible evidence that they are the beneficial owners of the disputed land as beneficiaries of the late Michael Frank Kwatiah, supported by lease documents and letters of administration. The Defendant's tenancy expired in 1994, and his subsequent actions, including seeking extensions and recognizing Plaintiffs' ownership, negate any claim of adverse possession. The Defendant's attempt to obtain a grant from the Onamrokor Adain family after expiry of his tenancy was a ploy to prolong his stay and does not defeat the Plaintiffs' title. The Plaintiffs' action is not statute barred due to continuous efforts to recover possession.

Citation
[2023] GHAHC 7
Parties
Plaintiff: Beatrice Korkor Codjoe; Plaintiff: Martha Kwatiah; Defendant: Francis Osei Adutwum
Court
High Court
Jurisdiction
Ghana
Judgment Date
2 February 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for the Plaintiffs on all reliefs sought.
Legal Topics
Beneficial Ownership, Recovery of Possession, Injunction, Adverse Possession, Statute of Limitations, Landlord and Tenant, Letters of Administration
Source Language
English
Land Law Civil Procedure Beneficial Ownership Recovery of Possession Injunction Adverse Possession Statute of Limitations Landlord and Tenant +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Beatrice Korkor Codjoe

Plaintiff

Martha Kwatiah

Plaintiff

Francis Osei Adutwum

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiffs are the beneficial owners of the disputed land at Apenkwa
  2. 2 Whether the Defendant is lawfully on the land or in adverse possession
  3. 3 Whether the Plaintiffs' claim is statute barred

Ratio Decidendi

The Plaintiffs proved by credible evidence that they are the beneficial owners of the disputed land as beneficiaries of the late Michael Frank Kwatiah, supported by lease documents and letters of administration. The Defendant's tenancy expired in 1994, and his subsequent actions, including seeking extensions and recognizing Plaintiffs' ownership, negate any claim of adverse possession. The Defendant's attempt to obtain a grant from the Onamrokor Adain family after expiry of his tenancy was a ploy to prolong his stay and does not defeat the Plaintiffs' title. The Plaintiffs' action is not statute barred due to continuous efforts to recover possession.

Court Disposition

Judgment for the Plaintiffs on all reliefs sought.

Orders

  • Declaration that Plaintiffs are the beneficial owners of the land as described in the writ of summons and site plan 3959/1984.
  • Order for recovery of possession of the property by the Plaintiffs.