ANINAKWAH AND ANOTHER VRS BOATENG AND 2 OTHERS (A1/10/2022) [2024] GHADC 327 (14 February 2024)

ANINAKWAH AND ANOTHER VRS BOATENG AND 2 OTHERS (A1/10/2022) [2024] GHADC 327 (14 February 2024)

Plaintiffs established title to plot 36 block H by preponderance of probabilities; defendants failed to prove valid transfer or interest; 3rd defendant could not pass title he did not possess; constructive notice and registration do not override plaintiffs' prior possession and interest; plaintiffs entitled to all reliefs sought.

Citation
ANINAKWAH AND ANOTHER VRS BOATENG AND 2 OTHERS (A1/10/2022) [2024] GHADC 327 (14 February 2024)
Parties
Plaintiff: Gabriel Owusu Aninakwah; Plaintiff: Rose Owusu Nkoso; Defendant: Mr Boateng; Defendant: Abena Nkrumah; Defendant: Adolf Boamah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
14 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Damages, Burden of Proof
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Damages Burden of Proof

Case Brief

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Parties

Gabriel Owusu Aninakwah

Plaintiff

Rose Owusu Nkoso

Plaintiff

Mr Boateng

Defendant

Abena Nkrumah

Defendant

Adolf Boamah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to declaration of title to plot 36 block H at Aboaboso
  2. 2 Whether plaintiffs are entitled to recovery of possession
  3. 3 Whether plaintiffs are entitled to perpetual injunction restraining defendants

Ratio Decidendi

Plaintiffs established title to plot 36 block H by preponderance of probabilities; defendants failed to prove valid transfer or interest; 3rd defendant could not pass title he did not possess; constructive notice and registration do not override plaintiffs' prior possession and interest; plaintiffs entitled to all reliefs sought.

Court Disposition

judgment for plaintiffs

Orders

  • Declaration of title to plot 36 block H at Aboaboso in favour of plaintiffs
  • Recovery of possession of plot 36 block H by plaintiffs