BRAHIM VRS APENGYEB (UW/WA/DC/A7/04/2023.) [2024] GHADC 439 (30 September 2024)

BRAHIM VRS APENGYEB (UW/WA/DC/A7/04/2023.) [2024] GHADC 439 (30 September 2024)

Plaintiff established a superior root of title to the subject land by virtue of a 2005 lease and registration, while Defendants failed to prove any valid title or authority. Admissions by 1st Defendant and lack of documentary evidence from Defendants further support Plaintiff's claim. The subsequent grant to 1st Defendant is null and void as the vendor had no title to convey. Plaintiff is entitled to declaration of title, recovery of possession, injunction, and costs.

Citation
BRAHIM VRS APENGYEB (UW/WA/DC/A7/04/2023.) [2024] GHADC 439 (30 September 2024)
Parties
Plaintiff: Fawziah Ibrahim; Defendant: Aaron Aapengyeb; Defendant: Dauda
Court
ghadc
Jurisdiction
Ghana
Judgment Date
30 September 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiff; Defendants' claim dismissed.
Legal Topics
Title to Land, Trespass, Injunction, Burden of Proof, Estoppel
Source Language
eng
Property Law Civil Procedure Title to Land Trespass Injunction Burden of Proof Estoppel

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Parties

Fawziah Ibrahim

Plaintiff

Aaron Aapengyeb

Defendant

Dauda

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to her claim of title and possession of the subject land
  2. 2 Whether Defendants have trespassed on the subject land

Ratio Decidendi

Plaintiff established a superior root of title to the subject land by virtue of a 2005 lease and registration, while Defendants failed to prove any valid title or authority. Admissions by 1st Defendant and lack of documentary evidence from Defendants further support Plaintiff's claim. The subsequent grant to 1st Defendant is null and void as the vendor had no title to convey. Plaintiff is entitled to declaration of title, recovery of possession, injunction, and costs.

Court Disposition

Judgment for Plaintiff; Defendants' claim dismissed.

Orders

  • Declaration that the subject land is part of the estate of the late Yussif Baba Ibrahim.
  • Order for recovery of possession of the subject land to Plaintiff.