SOWAH VRS. SELORMEY (CI/15/2017) [2024] GHAHC 69 (29 February 2024)

SOWAH VRS. SELORMEY (CI/15/2017) [2024] GHAHC 69 (29 February 2024)

The defendant proved by documentary and oral evidence that she acquired the disputed land from Nana Yaw Kesse in 1997, took possession, and registered her interest. Plaintiff failed to prosecute his claim or defend the counterclaim. The defendant discharged the burden of proof on her counterclaim by a preponderance of probabilities, entitling her to declaration of title, recovery of possession, damages for trespass, injunction, and costs.

Citation
SOWAH VRS. SELORMEY (CI/15/2017) [2024] GHAHC 69 (29 February 2024)
Parties
Plaintiff: Gideon Sowah; Defendant: Catherine Selormey
Court
ghahc
Jurisdiction
Ghana
Judgment Date
29 February 2024
Procedural Posture
Civil / Final Judgment After Trial and Abandonment of Plaintiff's Claim
Outcome
Judgment for the defendant on the counterclaim; plaintiff's claim struck out.
Legal Topics
Title to Land, Trespass, Counterclaim, Burden of Proof, Injunction, Costs
Source Language
eng
Land Law Civil Procedure Title to Land Trespass Counterclaim Burden of Proof Injunction Costs

Case Brief

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Parties

Gideon Sowah

Plaintiff

Catherine Selormey

Defendant

Procedural Posture

Civil / Final Judgment After Trial and Abandonment of Plaintiff's Claim

Legal Issues

  1. 1 Whether the land in dispute was gifted to the plaintiff’s vendor
  2. 2 Whether the plaintiff’s vendor exercised acts of ownership before the sale
  3. 3 Whether the land had previously been sold to the defendant by Yaw Kesse in 1997

Ratio Decidendi

The defendant proved by documentary and oral evidence that she acquired the disputed land from Nana Yaw Kesse in 1997, took possession, and registered her interest. Plaintiff failed to prosecute his claim or defend the counterclaim. The defendant discharged the burden of proof on her counterclaim by a preponderance of probabilities, entitling her to declaration of title, recovery of possession, damages for trespass, injunction, and costs.

Court Disposition

Judgment for the defendant on the counterclaim; plaintiff's claim struck out.

Orders

  • Declaration of title to the described land in favour of the defendant
  • Recovery of possession of the land by the defendant