Noagbe and Another v Osabarima and Others (A1/38/2021) [2025] GHACC 57 (21 March 2025)

Noagbe and Another v Osabarima and Others (A1/38/2021) [2025] GHACC 57 (21 March 2025)

Plaintiffs proved by oral and documentary evidence that they acquired and commenced development of the disputed lands, and only ceased due to instructions from Ghana Highway Authority. Defendants failed to prove the plaintiffs’ documents were fake or that plaintiffs abandoned the land without cause. The revised norms for land reacquisition were not applied to plaintiffs, and no fraudulent intent was established. Plaintiffs are entitled to declaration of title and recovery of possession; damages and injunction are moot due to the road construction.

Citation
[2025] GHACC 57
Parties
Plaintiff: Daniel Noagbe; Plaintiff: Another (not named); Defendant: Osabarima Otu Darko; Defendant: 3 Others (not named)
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 March 2025
Case Number
A1/38/2021
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiffs’ claim for declaration of title and recovery of possession granted; damages and injunction denied as moot; costs awarded to plaintiffs; defendants’ counterclaim dismissed.
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Injunction, Counterclaim, Compensation for Compulsory Acquisition
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Trespass Injunction Counterclaim Compensation for Compulsory Acquisition

Case Brief

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Parties

Daniel Noagbe

Plaintiff

Another (not named)

Plaintiff

Osabarima Otu Darko

Defendant

3 Others (not named)

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to recover possession and declaration of title to the disputed lands
  2. 2 Whether defendants lawfully reclaimed the lands under revised norms
  3. 3 Whether plaintiffs abandoned the land or were prevented by Ghana Highway Authority

Ratio Decidendi

Plaintiffs proved by oral and documentary evidence that they acquired and commenced development of the disputed lands, and only ceased due to instructions from Ghana Highway Authority. Defendants failed to prove the plaintiffs’ documents were fake or that plaintiffs abandoned the land without cause. The revised norms for land reacquisition were not applied to plaintiffs, and no fraudulent intent was established. Plaintiffs are entitled to declaration of title and recovery of possession; damages and injunction are moot due to the road construction.

Court Disposition

Plaintiffs’ claim for declaration of title and recovery of possession granted; damages and injunction denied as moot; costs awarded to plaintiffs; defendants’ counterclaim dismissed.

Orders

  • Declaration of title and recovery of possession of two plots of land at Osino, measuring approximately 100 x 100 ft each, to plaintiffs.
  • No order as to damages for trespass or injunction as these are moot due to road construction.