Adjei Vrs Yaw [2022] GHACC 73 (5 December 2022)

Plaintiff failed to discharge the burden of proof regarding the alleged gift and succession; defendant and witnesses established ownership of Alice Doku on the balance of probabilities.

Citation: [2022] GHACC 73
Parties: Plaintiff: Frank Yaw Adjei; Defendant: Yaw Emmanuel; Defendant's Witness: Alice Doku; Defendant's Witness: Nartey Moses Agbebo
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 5 December 2022
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claims dismissed; judgment for defendant and Alice Doku on counterclaims.
Legal Topics: Declaration of Title, Perpetual Injunction, Customary Succession, Gift of Land, Burden of Proof
Source Language: English

Land Law Succession Customary Law Declaration of Title Perpetual Injunction Customary Succession Gift of Land Burden of Proof

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Parties

Frank Yaw Adjei

Plaintiff

Yaw Emmanuel

Defendant

Alice Doku

Defendant's Witness

Nartey Moses Agbebo

Defendant's Witness

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the litigated land was gifted to the late grandfather of plaintiff by Matse Nene Domertey Tsatsu
2 Whether the disputed land is for the mother of Alice
3 Whether the family made a gift of the land to Alice

Ratio Decidendi

Plaintiff failed to discharge the burden of proof regarding the alleged gift and succession; defendant and witnesses established ownership of Alice Doku on the balance of probabilities.

Court Disposition

Plaintiff's claims dismissed; judgment for defendant and Alice Doku on counterclaims.

Orders

Plaintiff's claims are set aside and dismissed.
Judgment entered for defendant and Alice Doku on counterclaims for declaration of title and perpetual injunction.