Christian Future Hope Ministry Vrs Effah (A1/33/20) [2023] GHACC 933 (25 January 2023)

Christian Future Hope Ministry Vrs Effah (A1/33/20) [2023] GHACC 933 (25 January 2023)

The Plaintiff proved acquisition and allocation of the disputed land from the Tafo Stool by credible evidence, and the Defendant failed to establish adverse possession or a better title. The Plaintiff has capacity to sue, and the Defendant is the proper party. Judgment is entered for the Plaintiff for declaration of title, injunction, damages, and costs.

Citation
[2023] GHACC 933
Parties
Plaintiff: Christian Future Hope Ministry; Defendant: Richard Amponsah Effah @ Wango
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 January 2023
Case Number
A1/33/20
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Declaration of Title, Injunction, Damages, Capacity to Sue, Adverse Possession
Source Language
English
Land Law Civil Procedure Declaration of Title Injunction Damages Capacity to Sue Adverse Possession

Case Brief

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Parties

Christian Future Hope Ministry

Plaintiff

Richard Amponsah Effah @ Wango

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiff acquired Plot 6 Block XIV, New Tafo, Kumasi from the Tafo Stool
  2. 2 Whether the Plaintiff has a lease covering the said plot
  3. 3 Whether the Plaintiff is entitled to its claim

Ratio Decidendi

The Plaintiff proved acquisition and allocation of the disputed land from the Tafo Stool by credible evidence, and the Defendant failed to establish adverse possession or a better title. The Plaintiff has capacity to sue, and the Defendant is the proper party. Judgment is entered for the Plaintiff for declaration of title, injunction, damages, and costs.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title and recovery of Plot 6 Block XIV New Tafo, Kumasi in favour of Plaintiff
  • Perpetual injunction restraining Defendant and persons claiming through him from the land