FIAGBOR VRS DOE AND OR. (A1/09/22) [2024] GHADC 300 (4 June 2024)

FIAGBOR VRS DOE AND OR. (A1/09/22) [2024] GHADC 300 (4 June 2024)

The land in dispute forms part of the Fiagbor family land, with portions shared among siblings by the plaintiffs' late father. The plaintiffs' late father was the usufructuary owner of the land in dispute, and the 1st Defendant is not entitled to ownership based on the alleged financial assistance. Plaintiffs are entitled to declaration of title, but must pay GH₵2,500 to the 1st Defendant for financial assistance.

Citation
FIAGBOR VRS DOE AND OR. (A1/09/22) [2024] GHADC 300 (4 June 2024)
Parties
1st Plaintiff: Ben Fiagbor; 2nd Plaintiff: Patrick Fiagbor; 3rd Plaintiff: Noah Fiagbor; 1st Defendant: Osabutey Doe; 2nd Defendant: Esther Lemawu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
4 June 2024
Procedural Posture
Civil / Final Judgment
Outcome
Declaration of title granted to plaintiffs; plaintiffs ordered to pay GH₵2,500 to 1st Defendant; no order as to costs.
Legal Topics
Declaration of Title, Trespass, Injunction, Family Land Ownership
Source Language
eng
Property Law Family Law Declaration of Title Trespass Injunction Family Land Ownership

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Parties

Ben Fiagbor

1st Plaintiff

Patrick Fiagbor

2nd Plaintiff

Noah Fiagbor

3rd Plaintiff

Osabutey Doe

1st Defendant

Esther Lemawu

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the land in dispute is a family land
  2. 2 Whether the 1st Defendant owns the land in dispute
  3. 3 Whether the plaintiffs are entitled to the reliefs sought

Ratio Decidendi

The land in dispute forms part of the Fiagbor family land, with portions shared among siblings by the plaintiffs' late father. The plaintiffs' late father was the usufructuary owner of the land in dispute, and the 1st Defendant is not entitled to ownership based on the alleged financial assistance. Plaintiffs are entitled to declaration of title, but must pay GH₵2,500 to the 1st Defendant for financial assistance.

Court Disposition

Declaration of title granted to plaintiffs; plaintiffs ordered to pay GH₵2,500 to 1st Defendant; no order as to costs.

Orders

  • Plaintiffs declared owners of the land in dispute.
  • Plaintiffs to pay GH₵2,500 to 1st Defendant for financial assistance.