KUBI VRS WOODE & 3 ORS (A9/118/17) [2024] GHACC 27 (12 February 2024)

KUBI VRS WOODE & 3 ORS (A9/118/17) [2024] GHACC 27 (12 February 2024)

Plaintiff validly acquired leasehold from 4th Defendant after late Ebenezer Ackwerh failed to complete purchase; Defendants failed to prove fraud or family ownership; Plaintiff entitled to ejectment and injunction as property owner.

Citation
KUBI VRS WOODE & 3 ORS (A9/118/17) [2024] GHACC 27 (12 February 2024)
Parties
Plaintiff: Gladys Kabukie Kubi; 1st Defendant: Steward Nana Woode; 2nd Defendant: Esther Nana Ama Woode; 3rd Defendant: Theodora Olerki Ackwerh; 4th Defendant: Tema Development Company
Court
ghacc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Civil Suit / Final Judgment
Outcome
Judgment for Plaintiff; Counterclaim dismissed
Legal Topics
Leasehold Validity, Ejectment, Perpetual Injunction, Fraudulent Misrepresentation, Burden of Proof, Counterclaim
Source Language
eng
Property Law Civil Procedure Leasehold Validity Ejectment Perpetual Injunction Fraudulent Misrepresentation Burden of Proof Counterclaim

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Parties

Gladys Kabukie Kubi

Plaintiff

Steward Nana Woode

1st Defendant

Esther Nana Ama Woode

2nd Defendant

Theodora Olerki Ackwerh

3rd Defendant

Tema Development Company

4th Defendant

Procedural Posture

Civil Suit / Final Judgment

Legal Issues

  1. 1 Ownership status of late Ebenezer Ackwerh
  2. 2 Effect of part payment on property ownership
  3. 3 Alleged fraudulent misrepresentation by Plaintiff

Ratio Decidendi

Plaintiff validly acquired leasehold from 4th Defendant after late Ebenezer Ackwerh failed to complete purchase; Defendants failed to prove fraud or family ownership; Plaintiff entitled to ejectment and injunction as property owner.

Court Disposition

Judgment for Plaintiff; Counterclaim dismissed

Orders

  • Declaration of valid leasehold agreement between Plaintiff and 4th Defendant
  • Immediate ejectment of 1st and 2nd Defendants from Plaintiff’s property