AMEYAA VRS SARFO (A1/9/2023) [2024] GHADC 246 (22 March 2024)

AMEYAA VRS SARFO (A1/9/2023) [2024] GHADC 246 (22 March 2024)

The plaintiff failed to prove title to the disputed plot on a balance of probabilities. Evidence showed the plot was initially in plaintiff’s possession but was subsequently gifted to the defendant, who built a house on it. Plaintiff’s claim of purchase was not supported by credible evidence, and the oral agreement for the defendant to build and reserve a room for plaintiff constituted a transfer of interest. Plaintiff cannot reclaim the plot after voluntarily granting it to defendant.

Citation
AMEYAA VRS SARFO (A1/9/2023) [2024] GHADC 246 (22 March 2024)
Parties
Plaintiff: Dora Ameyaa; Defendant: Frank Amoah Sarfo
Court
ghadc
Jurisdiction
Ghana
Judgment Date
22 March 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claims dismissed in entirety.
Legal Topics
Land Ownership, Trespass, Injunction, Burden of Proof, Fraud, Family Law
Source Language
eng
Property Law Civil Procedure Land Ownership Trespass Injunction Burden of Proof Fraud Family Law

Case Brief

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Parties

Dora Ameyaa

Plaintiff

Frank Amoah Sarfo

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the owner of Plot Number 66, Block ‘A’, Sector 1, Wenchi
  2. 2 Whether the plaintiff has a valid title to the said plot of land
  3. 3 Whether the defendant trespassed onto the said plot

Ratio Decidendi

The plaintiff failed to prove title to the disputed plot on a balance of probabilities. Evidence showed the plot was initially in plaintiff’s possession but was subsequently gifted to the defendant, who built a house on it. Plaintiff’s claim of purchase was not supported by credible evidence, and the oral agreement for the defendant to build and reserve a room for plaintiff constituted a transfer of interest. Plaintiff cannot reclaim the plot after voluntarily granting it to defendant.

Court Disposition

Plaintiff's claims dismissed in entirety.

Orders

  • Plaintiff to pay costs of GH₵5,000.00 to defendant.