Moses Vr Mesianyi [2022] GHADC 65 (7 December 2022)
The plaintiff failed to prove ownership or capacity to sue regarding the land, as the property belongs to their living father. Plaintiff did not establish threats or entitlement to eject the defendant. The action was not brought by or with the authority of the head of family, and the plaintiff did not prove the identity of the land or his exclusive right to it.
- Citation
- [2022] GHADC 65
- Parties
- Plaintiff: EGBLE MOSES; Defendant: KOTOR MESIANYI
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 7 December 2022
- Procedural Posture
- Civil / Judgment
- Outcome
- plaintiff's claim dismissed
- Legal Topics
- Capacity to Sue, Ejectment, Family Property, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
EGBLE MOSES
Plaintiff
KOTOR MESIANYI
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the plaintiff has capacity to sue the defendant for ejectment from the land
- 2 Whether the defendant threatened the plaintiff and his family
- 3 Whether the defendant has the legal right to remain on the land
Ratio Decidendi
The plaintiff failed to prove ownership or capacity to sue regarding the land, as the property belongs to their living father. Plaintiff did not establish threats or entitlement to eject the defendant. The action was not brought by or with the authority of the head of family, and the plaintiff did not prove the identity of the land or his exclusive right to it.
Court Disposition
plaintiff's claim dismissed
Orders
- Plaintiff's reliefs are dismissed for lack of capacity and proof.
- Plaintiff to pay costs of Gh₵4,590.00 to the defendant.
Full Case Text
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