TAABAZUING VRS BOLAMPU (UW/WA/CT/A1/07/2020.) [2024] GHACC 266 (10 June 2024)

TAABAZUING VRS BOLAMPU (UW/WA/CT/A1/07/2020.) [2024] GHACC 266 (10 June 2024)

Plaintiff established ownership of the disputed land through credible traditional evidence, corroborated by documentary proof of registration, grants, and acts of possession. Defendant failed to provide documentary evidence or credible acts of ownership. The court preferred Plaintiff's version as more probable and consistent with recent acts and admissions. Defendant's counterclaim was unproven.

Citation
TAABAZUING VRS BOLAMPU (UW/WA/CT/A1/07/2020.) [2024] GHACC 266 (10 June 2024)
Parties
Plaintiff: Daniel Taabazuing; Defendant: Alfred Bolampu (substituted by Soorongerema B. Atta)
Court
ghacc
Jurisdiction
Ghana
Judgment Date
10 June 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim for declaration of title and injunction granted; Defendant's counterclaim dismissed.
Legal Topics
Declaration of Title to Land, Perpetual Injunction, Estoppel in Pais, Traditional Evidence, Acts of Ownership, Counterclaim
Source Language
eng
Land Law Customary Law Declaration of Title to Land Perpetual Injunction Estoppel in Pais Traditional Evidence Acts of Ownership Counterclaim

Case Brief

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Parties

Daniel Taabazuing

Plaintiff

Alfred Bolampu (substituted by Soorongerema B. Atta)

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiff family is the owner of the disputed land at Vapuo-Jirapa
  2. 2 Whether the Plaintiff's ancestor settled the Defendant's ancestor on the land
  3. 3 Whether the Plaintiff's family are landlords of the Defendant's family

Ratio Decidendi

Plaintiff established ownership of the disputed land through credible traditional evidence, corroborated by documentary proof of registration, grants, and acts of possession. Defendant failed to provide documentary evidence or credible acts of ownership. The court preferred Plaintiff's version as more probable and consistent with recent acts and admissions. Defendant's counterclaim was unproven.

Court Disposition

Plaintiff's claim for declaration of title and injunction granted; Defendant's counterclaim dismissed.

Orders

  • Declaration that Plaintiff family is owner of the disputed land as described.
  • Perpetual injunction restraining Defendant and his agents from interfering with Plaintiff's possession and use of the land.