Djangmah Vrs Djangmah and Three Others [2023] GHADC 487 (13 January 2023)

Djangmah Vrs Djangmah and Three Others [2023] GHADC 487 (13 January 2023)

The Plaintiff failed to prove title to the disputed room or land, and any improvements made did not convert the family property into personal property. The property remains family property, and the Plaintiff is not entitled to declaration of title or possession.

Citation
[2023] GHADC 487
Parties
Plaintiff: Theophilus Djangmah; Defendant: Patrick Djangmah; Defendant: Brother; Defendant: Korkor Vida; Defendant: Doris Kosi Nyarko
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 January 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for Defendants
Legal Topics
Declaration of Title, Family Property, Burden of Proof, Customary Law, Inheritance
Source Language
English
Property Law Family Law Declaration of Title Family Property Burden of Proof Customary Law Inheritance

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Parties

Theophilus Djangmah

Plaintiff

Patrick Djangmah

Defendant

Brother

Defendant

Korkor Vida

Defendant

Doris Kosi Nyarko

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff satisfied the requirements for declaration of title to the land and room in dispute
  2. 2 Whether making improvement to a family property converts it into personal property
  3. 3 Whether the Plaintiff is entitled to the reliefs he seeks

Ratio Decidendi

The Plaintiff failed to prove title to the disputed room or land, and any improvements made did not convert the family property into personal property. The property remains family property, and the Plaintiff is not entitled to declaration of title or possession.

Court Disposition

Judgment for Defendants

Orders

  • Plaintiff's claim dismissed
  • Plaintiff to pay costs of GH₵1,500.00 to Defendants