Akroful Vrs Agyare and Another [2023] GHAHC 141 (15 March 2023)

Akroful Vrs Agyare and Another [2023] GHAHC 141 (15 March 2023)

Plaintiff failed to establish a better title to the land, which is subject to a binding Court of Appeal judgment in favour of the Gomoa Akyemfo Stool family. Plaintiff did not take steps to set aside the judgment. Defendants established their title and long possession. Plaintiff's claim is dismissed and Defendants' counterclaim succeeds.

Citation
Akroful Vrs Agyare and Another [2023] GHAHC 141 (15 March 2023)
Parties
Plaintiff: Doris Belinda Akroful; 1st Defendant: Mr Agyare; 2nd Defendant: Ebusuapanyin Nana Abam
Court
ghahc
Jurisdiction
Ghana
Judgment Date
15 March 2023
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Plaintiff's action dismissed; judgment for Defendants on counterclaim.
Legal Topics
Title to Land, Customary Grant, Trespass, Injunction, Burden of Proof, Court of Appeal Judgment, Damages
Source Language
eng
Land Law Civil Procedure Title to Land Customary Grant Trespass Injunction Burden of Proof Court of Appeal Judgment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Doris Belinda Akroful

Plaintiff

Mr Agyare

1st Defendant

Ebusuapanyin Nana Abam

2nd Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff is the lawful owner of the land in dispute
  2. 2 Whether Plaintiff is entitled to recovery of GHS 6,500 for destroyed property
  3. 3 Whether the land is subject to a Court of Appeal judgment dated 20th June 2002 in favour of Gomoa Akyemfo Stool family

Ratio Decidendi

Plaintiff failed to establish a better title to the land, which is subject to a binding Court of Appeal judgment in favour of the Gomoa Akyemfo Stool family. Plaintiff did not take steps to set aside the judgment. Defendants established their title and long possession. Plaintiff's claim is dismissed and Defendants' counterclaim succeeds.

Court Disposition

Plaintiff's action dismissed; judgment for Defendants on counterclaim.

Orders

  • Declaration that the land is property of Gomoa Akyemfo stool family as per Court of Appeal judgment dated 20th June 2002.
  • Declaration that the land falls within Gomoa Akyemfo stool land and was validly granted by the 2nd Defendant’s stool.