BOANSI VRS BELLA (A1/6/2023) [2024] GHADC 339 (28 August 2024)

BOANSI VRS BELLA (A1/6/2023) [2024] GHADC 339 (28 August 2024)

Plaintiff is entitled to declaration of title and recovery of possession as defendant misconstrued abunu tenancy and had no lawful claim; alleged sale of family property was invalid; farm land remains family property.

Source-derived case information.

Citation
BOANSI VRS BELLA (A1/6/2023) [2024] GHADC 339 (28 August 2024)
Parties
Plaintiff: Francis Asamoah Boansi; Defendant: Kwasi Bella
Court
ghadc
Jurisdiction
Ghana
Judgment Date
28 August 2024
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Abunu Tenancy, Family Property, Ownership, Recovery of Possession, Injunction
Source Language
en
Property Law Customary Law Abunu Tenancy Family Property Ownership Recovery of Possession Injunction

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Parties

Francis Asamoah Boansi

Plaintiff

Kwasi Bella

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title and recovery of possession of the fourteen acres cocoa farm land
  2. 2 Whether the plaintiff is entitled to a fair share of proceeds from the farm

Ratio Decidendi

Plaintiff is entitled to declaration of title and recovery of possession as defendant misconstrued abunu tenancy and had no lawful claim; alleged sale of family property was invalid; farm land remains family property.

Court Disposition

judgment for plaintiff in part

Orders

  • Declaration of title to ownership of fourteen acres cocoa farm land to plaintiff's family
  • Order for recovery of possession forthwith