KYEREMANTENG VRS OWUSU (C1/54/2021) [2024] GHACC 208 (7 February 2024)

KYEREMANTENG VRS OWUSU (C1/54/2021) [2024] GHACC 208 (7 February 2024)

Neither party adduced credible evidence to establish title or root of title to the land in dispute; both failed to prove their respective claims on a balance of probabilities; unstamped documents were inadmissible; negotiated settlement and demarcation by community elders did not clarify boundaries or ownership.

Citation
KYEREMANTENG VRS OWUSU (C1/54/2021) [2024] GHACC 208 (7 February 2024)
Parties
Plaintiff: Diana Kissi Kyeremanteng; Plaintiff: Enoch Kissi Kyeremanteng; Defendant: Kofi Owusu
Court
ghacc
Jurisdiction
Ghana
Judgment Date
7 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claim and defendant's counterclaim both dismissed.
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Damages, Counterclaim
Source Language
eng

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Parties

Diana Kissi Kyeremanteng

Plaintiff

Enoch Kissi Kyeremanteng

Plaintiff

Kofi Owusu

Defendant

Procedural Posture

Civil / Final Judgment

  1. 1 Whether plaintiff and husband lawfully acquired the land in dispute from Nii Okropong I
  2. 2 Whether plaintiff has a valid site plan and indenture
  3. 3 Whether plaintiff is entitled to her claim

Ratio Decidendi

Neither party adduced credible evidence to establish title or root of title to the land in dispute; both failed to prove their respective claims on a balance of probabilities; unstamped documents were inadmissible; negotiated settlement and demarcation by community elders did not clarify boundaries or ownership.

Court Disposition

Plaintiff's claim and defendant's counterclaim both dismissed.