Awuah & Another Vrs Pomaa [2023] GHADC 146 (3 March 2023)

Plaintiff's documentary evidence and possession establish ownership of the Kia Sportage, and defendant failed to provide contrary evidence; statutory presumption applies.

Citation: Awuah & Another Vrs Pomaa [2023] GHADC 146 (3 March 2023)
Parties: Plaintiff: Frank Awuah; Defendant: Bernice Afia Pomaa
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 3 March 2023
Procedural Posture: Civil / Judgment
Outcome: judgment for plaintiff
Legal Topics: Ownership of Property, Burden of Proof, Statutory Presumption
Source Language: eng

Property Law Evidence Law Ownership of Property Burden of Proof Statutory Presumption

Case Brief

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Parties

Frank Awuah

Plaintiff

Bernice Afia Pomaa

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the writ of summons is competent
2 Whether the unregistered Kia Sportage 4x4 forms part of the estate of the late Emmanuel Awuah Adjei

Ratio Decidendi

Plaintiff's documentary evidence and possession establish ownership of the Kia Sportage, and defendant failed to provide contrary evidence; statutory presumption applies.

Court Disposition

judgment for plaintiff

Orders

Plaintiff declared owner of Kia Sportage 4x4
Defendant to pay costs of 2,000.00