Aikins Vrs Dakwa [2014] GHASC 144 (28 May 2014)

Aikins Vrs Dakwa [2014] GHASC 144 (28 May 2014)

The evidence established that the plaintiff and defendant derived title from separate grants by the Osu Stool to different grantees, and the land in the defendant's possession was not part of the plaintiff's grant. The trial and appellate courts' findings were supported by the evidence, and there was no basis to disturb the concurrent findings of fact.

Citation
[2014] GHASC 144
Parties
Plaintiff/appellant: Addae Aikins; Defendant/respondent: Daniel Dakwa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 May 2014
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Declaration of Title to Land, Recovery of Possession, Damages, Concurrent Findings of Fact, Burden of Proof
Source Language
English
Land Law Property Law Declaration of Title to Land Recovery of Possession Damages Concurrent Findings of Fact Burden of Proof

Case Brief

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Parties

Addae Aikins

Plaintiff/appellant

Daniel Dakwa

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to the disputed land
  2. 2 Whether the plaintiff is entitled to recovery of possession and damages
  3. 3 Whether the trial court's findings were against the weight of evidence

Ratio Decidendi

The evidence established that the plaintiff and defendant derived title from separate grants by the Osu Stool to different grantees, and the land in the defendant's possession was not part of the plaintiff's grant. The trial and appellate courts' findings were supported by the evidence, and there was no basis to disturb the concurrent findings of fact.

Court Disposition

appeal dismissed