Eric Akrofi Darko Vrs Nana Ama Appiah [2022] GHACC 18 (26 October 2022)

Eric Akrofi Darko Vrs Nana Ama Appiah [2022] GHACC 18 (26 October 2022)

Plaintiff failed to prove title to the land on a balance of probabilities, as his documentary evidence was inadmissible for lack of stamping, and neither party established legal title; thus, Plaintiff's claim fails entirely.

Citation
[2022] GHACC 18
Parties
Plaintiff: Eric Akrofi Darko; Defendant: Nana Ama Appiah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim dismissed in its entirety.
Legal Topics
Declaration of Title, Possession, Injunction, Trespass, Stamp Duty, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Possession Injunction Trespass Stamp Duty Burden of Proof

Case Brief

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Parties

Eric Akrofi Darko

Plaintiff

Nana Ama Appiah

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute belongs to the Plaintiff or Defendant
  2. 2 Whether Gloria Sena lawfully acquired the land from Nii Kortey Boi II
  3. 3 Whether Defendant has encroached on Plaintiff’s land

Ratio Decidendi

Plaintiff failed to prove title to the land on a balance of probabilities, as his documentary evidence was inadmissible for lack of stamping, and neither party established legal title; thus, Plaintiff's claim fails entirely.

Court Disposition

Plaintiff's claim dismissed in its entirety.