QUARTEY VRS. ARTHUR AND ANOTHER (LD/0054/2019) [2024] GHAHC 126 (22 January 2024)

QUARTEY VRS. ARTHUR AND ANOTHER (LD/0054/2019) [2024] GHAHC 126 (22 January 2024)

Plaintiff proved acquisition of subject land from Owoo family in 1988 by indenture and registration; Defendants’ evidence inconsistent and failed to prove uninterrupted adverse possession for twelve years; Defendants’ counterclaim and limitation defence failed; laches and acquiescence not specifically pleaded and not established; Plaintiff entitled to declaration of title, recovery, injunction, damages, and costs.

Citation
QUARTEY VRS. ARTHUR AND ANOTHER (LD/0054/2019) [2024] GHAHC 126 (22 January 2024)
Parties
Plaintiff: Felix Seth Quartey; Defendant: Matty Roselyn Arthur (Deceased) substituted by Mr. Leslie Addo; Defendant: Mr. Leslie Addo
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 January 2024
Procedural Posture
Land Dispute / Final Judgment
Outcome
Plaintiff’s claims granted; Defendants’ counterclaim dismissed.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Damages for Trespass, Counterclaim, Statute of Limitation, Laches and Acquiescence
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Damages for Trespass Counterclaim Statute of Limitation +1 more

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Parties

Felix Seth Quartey

Plaintiff

Matty Roselyn Arthur (Deceased) substituted by Mr. Leslie Addo

Defendant

Mr. Leslie Addo

Defendant

Procedural Posture

Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the lawful owner of the land in dispute
  2. 2 Whether the Defendants acknowledged Plaintiff’s ownership
  3. 3 Whether Plaintiff is entitled to his claims

Ratio Decidendi

Plaintiff proved acquisition of subject land from Owoo family in 1988 by indenture and registration; Defendants’ evidence inconsistent and failed to prove uninterrupted adverse possession for twelve years; Defendants’ counterclaim and limitation defence failed; laches and acquiescence not specifically pleaded and not established; Plaintiff entitled to declaration of title, recovery, injunction, damages, and costs.

Court Disposition

Plaintiff’s claims granted; Defendants’ counterclaim dismissed.

Orders

  • Declaration of title in favour of Plaintiff for 0.15 acres and 0.10 acres described in site plan and Exhibit 1.
  • Recovery of possession of subject lands by Plaintiff.