BOADI VRS. SEKYERE (A2/59/2023) [2025] GHADC 22 (13 March 2025)

BOADI VRS. SEKYERE (A2/59/2023) [2025] GHADC 22 (13 March 2025)

The plaintiff failed to prove the identity, size, and boundaries of the land claimed, and did not establish root of title or acts of possession. The defendant, as customary successor, proved the land is family property of the Aduana family. The land in dispute is not the same as that in previous judgments. Plaintiff’s entire claim fails; defendant’s counterclaim for declaration, recovery, and injunction succeeds.

Citation
[2025] GHADC 22
Parties
Plaintiff: George Boadi; Defendant: Nana Yaw Owusu Sekyere
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 March 2025
Case Number
A2/59/2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim dismissed in entirety; judgment for defendant on counterclaim.
Legal Topics
Declaration of Title, Family Property, Trespass, Injunction, Burden of Proof
Source Language
English
Land Law Customary Law Declaration of Title Family Property Trespass Injunction Burden of Proof

Case Brief

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Parties

George Boadi

Plaintiff

Nana Yaw Owusu Sekyere

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the defendant is the proper person to be sued concerning family property
  2. 2 Whether the land in dispute is the same as that in previous judgments
  3. 3 Whether the land is personal property of the plaintiff or family property of the Aduana family

Ratio Decidendi

The plaintiff failed to prove the identity, size, and boundaries of the land claimed, and did not establish root of title or acts of possession. The defendant, as customary successor, proved the land is family property of the Aduana family. The land in dispute is not the same as that in previous judgments. Plaintiff’s entire claim fails; defendant’s counterclaim for declaration, recovery, and injunction succeeds.

Court Disposition

Plaintiff's claim dismissed in entirety; judgment for defendant on counterclaim.

Orders

  • Declaration that the disputed land is property of the Aduana family of Adansi Afiaso
  • Recovery of possession of the portion trespassed by the plaintiff