Dedaa and Another Vrs Tiwaa [2007] GHACA 11 (13 July 2007)

Dedaa and Another Vrs Tiwaa [2007] GHACA 11 (13 July 2007)

The disputed land is ancestral family land, and the house was constructed with material and resources from both parties, making it family property. The respondent failed to discharge the burden of proof for exclusive title, and the action was statute barred under NRCD 54.

Citation
[2007] GHACA 11
Parties
Defendant/appellant: Madam Akosua Dedaa substituted by Akua Boatemaa; Defendant/appellant: Felix Kwabena Kwakye; Plaintiff/respondent: Madam Yaa Tiwaa, per her Attorney Kwaku Apeagyei
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
13 July 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Title to Land, Family Property, Limitation of Actions, Burden of Proof, Customary Land Tenure
Source Language
English
Land Law Customary Law Civil Procedure Title to Land Family Property Limitation of Actions Burden of Proof Customary Land Tenure

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Parties

Madam Akosua Dedaa substituted by Akua Boatemaa

Defendant/appellant

Felix Kwabena Kwakye

Defendant/appellant

Madam Yaa Tiwaa, per her Attorney Kwaku Apeagyei

Plaintiff/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the disputed land and house are family property or individually owned
  2. 2 Whether the respondent discharged the burden of proof for title
  3. 3 Whether the action was statute barred under NRCD 54

Ratio Decidendi

The disputed land is ancestral family land, and the house was constructed with material and resources from both parties, making it family property. The respondent failed to discharge the burden of proof for exclusive title, and the action was statute barred under NRCD 54.

Court Disposition

Appeal allowed

Orders

  • Declaration that house No. K 241 at Kyemase, Kwahu, Abetifi is family property of both respondent and appellants
  • No order as to costs