AMPOFOWAA VRS OSEI (A11/12/2022) [2024] GHADC 256 (8 April 2024)

AMPOFOWAA VRS OSEI (A11/12/2022) [2024] GHADC 256 (8 April 2024)

The plaintiff failed to prove genuine acquisition of the disputed land, as her documents were inconsistent and found to be fraudulently or mistakenly obtained. The defendant's documents were authentic, his possession established, and statutory fees paid, entitling him to relief and ownership of the land.

Citation
AMPOFOWAA VRS OSEI (A11/12/2022) [2024] GHADC 256 (8 April 2024)
Parties
Plaintiff: Diana Ampofowaa; Defendant: Benjamin Osei
Court
ghadc
Jurisdiction
Ghana
Judgment Date
8 April 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
plaintiff's suit dismissed; defendant's counterclaim upheld
Legal Topics
Declaration of Title, Injunction, Counterclaim, Burden of Proof, Fraudulent Procurement of Documents
Source Language
eng
Land Law Civil Procedure Declaration of Title Injunction Counterclaim Burden of Proof Fraudulent Procurement of Documents

Case Brief

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Parties

Diana Ampofowaa

Plaintiff

Benjamin Osei

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether plot number 172, Block ‘A’ Sector 7 belongs to the plaintiff or the defendant
  2. 2 Whether Exhibit ‘B’ (receipt) tendered by the plaintiff was acquired in good faith
  3. 3 Any other issues arising from the pleadings and evidence

Ratio Decidendi

The plaintiff failed to prove genuine acquisition of the disputed land, as her documents were inconsistent and found to be fraudulently or mistakenly obtained. The defendant's documents were authentic, his possession established, and statutory fees paid, entitling him to relief and ownership of the land.

Court Disposition

plaintiff's suit dismissed; defendant's counterclaim upheld

Orders

  • Declaration that the land belongs to Alex Afrifa (defendant's brother)
  • Perpetual injunction restraining the plaintiff and her assigns from interfering with the land