NENE TEI DJAHENE KORABO IV VS MANKRALO TETTEH LAMIIYOR & OTHERS (H1/09/2020) [2022] GHACA 71 (28 April 2022)

NENE TEI DJAHENE KORABO IV VS MANKRALO TETTEH LAMIIYOR & OTHERS (H1/09/2020) [2022] GHACA 71 (28 April 2022)

The appellate court found the plaintiff/appellant proved, on a balance of probabilities, his root of title, mode of acquisition, and acts of possession over the land described in paragraph 3 of his statement of claim, including the cemetery. The 1st defendant/respondent failed to prove his counterclaim or establish a better title. The trial court erred in placing the burden solely on the plaintiff and in granting the cemetery to the 1st defendant despite his failure to prove his claim. The plaintiff, being in possession and having established his claim, is entitled to declaration of title, recovery of possession, and injunction. The 1st defendant's counterclaim is dismissed.

Citation
[2022] GHACA 71
Parties
Plaintiff/appellant: Nene Tei Djahene Korabo IV; 1st Defendant/respondent: Odeopeo Martey Kodjoe Ahwa IV; 2nd Defendant/respondent: Nene Adzatey Mlikiti; 3rd Defendant/respondent: Chief Agboza II; 4th Defendant/respondent: Asafoatse Okofo Badu IV; 5th Defendant/respondent: Asafoatse Tete Adibor
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
28 April 2022
Case Number
H1/09/2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed. Judgment of High Court set aside.
Legal Topics
Declaration of Title to Land, Possession, Injunction, Counterclaim, Burden of Proof, Limitation, Customary Ownership
Source Language
English
Land Law Customary Law Declaration of Title to Land Possession Injunction Counterclaim Burden of Proof Limitation +1 more

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Parties

Nene Tei Djahene Korabo IV

Plaintiff/appellant

Odeopeo Martey Kodjoe Ahwa IV

1st Defendant/respondent

Nene Adzatey Mlikiti

2nd Defendant/respondent

Chief Agboza II

3rd Defendant/respondent

Asafoatse Okofo Badu IV

4th Defendant/respondent

Asafoatse Tete Adibor

5th Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Who has title to the disputed land at Jorpanya?
  2. 2 Whether the plaintiff established his mode of acquisition and boundaries to the land claimed?
  3. 3 Whether the 1st defendant proved his counterclaim to 35,000 acres including the cemetery?

Ratio Decidendi

The appellate court found the plaintiff/appellant proved, on a balance of probabilities, his root of title, mode of acquisition, and acts of possession over the land described in paragraph 3 of his statement of claim, including the cemetery. The 1st defendant/respondent failed to prove his counterclaim or establish a better title. The trial court erred in placing the burden solely on the plaintiff and in granting the cemetery to the 1st defendant despite his failure to prove his claim. The plaintiff, being in possession and having established his claim, is entitled to declaration of title, recovery of possession, and injunction. The 1st defendant's counterclaim is dismissed.

Court Disposition

Appeal allowed. Judgment of High Court set aside.

Orders

  • Declaration of title to the land described in paragraph 3 of the plaintiff's statement of claim granted to the plaintiff/appellant.
  • Recovery of possession of the area designated as the cemetery granted to the plaintiff/appellant.