Gladys Obenewa Afari -vrs-nana Donkor Manianor Ii & 3 Others [2021] GHACA 7 (15 April 2021)

Gladys Obenewa Afari -vrs-nana Donkor Manianor Ii & 3 Others [2021] GHACA 7 (15 April 2021)

The appellant discharged the burden of proof regarding the identity and boundaries of the 441.98 acres of land through documentary evidence, a site plan, and corroborating testimony from boundary neighbors. The respondents failed to prove their assertion of a 17-acre grant. The trial judge erred in awarding 30 acres without proper description. The appellant is entitled to all reliefs claimed.

Citation
[2021] GHACA 7
Parties
Plaintiff/appellant: Gladys Obenewa Afari; Defendant/respondent: Nana Donkor Manianor II; Defendant/respondent: Daniel K. Ohene; Defendant/respondent: Kweku Nyamekye; Defendant/respondent: Greater Accra Lands Commission
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
15 April 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Declaration of Title, Proof of Land Boundaries, Burden of Proof, Appeals, Injunctions
Source Language
English
Land Law Declaration of Title Proof of Land Boundaries Burden of Proof Appeals Injunctions

Case Brief

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Parties

Gladys Obenewa Afari

Plaintiff/appellant

Nana Donkor Manianor II

Defendant/respondent

Daniel K. Ohene

Defendant/respondent

Kweku Nyamekye

Defendant/respondent

Greater Accra Lands Commission

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is the owner of 441.98 acres of land as claimed or only 17 acres as alleged by the respondents
  2. 2 Whether the appellant proved the identity and boundaries of the land to the required standard
  3. 3 Whether the trial judge erred in awarding 30 acres without proper description

Ratio Decidendi

The appellant discharged the burden of proof regarding the identity and boundaries of the 441.98 acres of land through documentary evidence, a site plan, and corroborating testimony from boundary neighbors. The respondents failed to prove their assertion of a 17-acre grant. The trial judge erred in awarding 30 acres without proper description. The appellant is entitled to all reliefs claimed.

Court Disposition

appeal allowed

Orders

  • Judgment entered for appellant for 441.98 acres as described in Exhibit D
  • All reliefs indorsed on the writ of summons granted to appellant