Adjei and Another Vrs Tema [2007] GHACA 10 (20 July 2007)

Adjei and Another Vrs Tema [2007] GHACA 10 (20 July 2007)

The plaintiffs failed to prove on a balance of probabilities that they held valid title to the disputed property, as their evidence was inconsistent and contradicted by documentary evidence showing the property was in the deceased's name. The defendant's evidence of a gift inter vivos was accepted, but as she did not counter-claim, judgment could not be entered in her favour.

Citation
[2007] GHACA 10
Parties
Plaintiff/appellant: Kwabena Adjei Boadi; Plaintiff/appellant: Yaw Boadi Kwarteng; Defendant/respondent: Mad. Akosua Tema
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
20 July 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Burden of Proof, Gift Inter Vivos, Registration of Land
Source Language
English
Land Law Evidence Declaration of Title Recovery of Possession Trespass Perpetual Injunction Burden of Proof Gift Inter Vivos +1 more

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Parties

Kwabena Adjei Boadi

Plaintiff/appellant

Yaw Boadi Kwarteng

Plaintiff/appellant

Mad. Akosua Tema

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiffs hold a valid lease and title to Plot No. 5 Block Q in Sunyani-Fiapre South layout
  2. 2 Whether the property in dispute was self-acquired by the deceased and gifted to the defendant
  3. 3 Whether the plaintiffs proved their case on a balance of probabilities

Ratio Decidendi

The plaintiffs failed to prove on a balance of probabilities that they held valid title to the disputed property, as their evidence was inconsistent and contradicted by documentary evidence showing the property was in the deceased's name. The defendant's evidence of a gift inter vivos was accepted, but as she did not counter-claim, judgment could not be entered in her favour.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Judgment for defendant set aside to the extent that she did not counter-claim