KUKUDZEDZIE & ANOTHER VRS NUHU & ANOTHER (A1/29/2022) [2022] GHADC 426 (22 April 2022)

KUKUDZEDZIE & ANOTHER VRS NUHU & ANOTHER (A1/29/2022) [2022] GHADC 426 (22 April 2022)

Plaintiffs, as executors, proved a superior title to plot no. 12 by showing acquisition from the Takoradi Divisional Stool, registration, and bequest in the will; the 2nd defendant trespassed and failed to rebut plaintiffs' evidence, entitling plaintiffs to declaration of title, recovery of possession, and injunction.

Citation
[2022] GHADC 426
Parties
Plaintiff: Constantine Kudzedzie; Plaintiff: Henry King Baffoe; Defendant: Kojo Nuhu; Defendant: Augustine (The Developer)
Court
District Court
Jurisdiction
Ghana
Judgment Date
22 April 2022
Case Number
A1/29/2022
Procedural Posture
Civil (land Dispute) / Judgment
Outcome
Judgment for the plaintiffs against the 2nd defendant.
Legal Topics
Declaration of Title, Trespass, Recovery of Possession, Injunction, Executor Capacity
Source Language
English
Land Law Succession Law Declaration of Title Trespass Recovery of Possession Injunction Executor Capacity

Case Brief

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Parties

Constantine Kudzedzie

Plaintiff

Henry King Baffoe

Plaintiff

Kojo Nuhu

Defendant

Augustine (The Developer)

Defendant

Procedural Posture

Civil (land Dispute) / Judgment

Legal Issues

  1. 1 Whether the testator had valid title to the land in dispute
  2. 2 Whether the defendants trespassed onto the subject matter land
  3. 3 Whether the plaintiffs are entitled to recover possession of the land

Ratio Decidendi

Plaintiffs, as executors, proved a superior title to plot no. 12 by showing acquisition from the Takoradi Divisional Stool, registration, and bequest in the will; the 2nd defendant trespassed and failed to rebut plaintiffs' evidence, entitling plaintiffs to declaration of title, recovery of possession, and injunction.

Court Disposition

Judgment for the plaintiffs against the 2nd defendant.

Orders

  • Declaration of title to plot no. 12 in favour of plaintiffs
  • Recovery of possession of plot no. 12 by plaintiffs