Annan Vrs Buxton and Another [2022] GHAHC 2 (20 October 2022)

Annan Vrs Buxton and Another [2022] GHAHC 2 (20 October 2022)

Plaintiff proved by credible evidence, corroborated by the common grantor, that he purchased two plots for himself and two for 2nd Defendant; Defendants failed to prove fraud or entitlement to four plots; Plaintiff's title valid and not obtained by fraud; Defendants trespassed and are restrained.

Citation
[2022] GHAHC 2
Parties
Plaintiff: Eustace Oko Annan; 1st Defendant: Benjamin Baani Buxton; 2nd Defendant: Irving Baani Buxton
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 October 2022
Procedural Posture
Civil (land Dispute) / Final Judgment
Outcome
Plaintiff's claim allowed; Defendants' counterclaim dismissed.
Legal Topics
Declaration of Title, Trespass, Perpetual Injunction, Counterclaim, Fraud Allegation, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Perpetual Injunction Counterclaim Fraud Allegation Burden of Proof

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Parties

Eustace Oko Annan

Plaintiff

Benjamin Baani Buxton

1st Defendant

Irving Baani Buxton

2nd Defendant

Procedural Posture

Civil (land Dispute) / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to declaration of title to the disputed land
  2. 2 Whether Defendants are entitled to their counterclaim for recovery of possession and other reliefs
  3. 3 Whether Plaintiff's title was obtained by fraud

Ratio Decidendi

Plaintiff proved by credible evidence, corroborated by the common grantor, that he purchased two plots for himself and two for 2nd Defendant; Defendants failed to prove fraud or entitlement to four plots; Plaintiff's title valid and not obtained by fraud; Defendants trespassed and are restrained.

Court Disposition

Plaintiff's claim allowed; Defendants' counterclaim dismissed.

Orders

  • Declaration of title in favour of Plaintiff for the described Dodowa land.
  • Defendants restrained from entering or encroaching on the land.