KUBI VRS WOODE (A9/118/17) [2024] GHADC 9 (12 February 2024)

KUBI VRS WOODE (A9/118/17) [2024] GHADC 9 (12 February 2024)

Plaintiff validly acquired leasehold from 4th Defendant after late Ackwerh failed to pay full purchase price and property reverted to rental status; Defendants failed to prove fraud or family ownership; Plaintiff entitled to ejectment and injunction.

Citation
KUBI VRS WOODE (A9/118/17) [2024] GHADC 9 (12 February 2024)
Parties
Plaintiff: Gladys Kabukie Kubi; First Defendant: Steward Nana Woode; Second Defendant: Esther Nana Ama Woode; Third Defendant: Theodora Olerki Ackwerh; Fourth Defendant: Tema Development Company
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claims granted; 3rd Defendant's counterclaim dismissed.
Legal Topics
Leasehold Validity, Ejectment, Perpetual Injunction, Fraudulent Misrepresentation, Family Property, Burden of Proof
Source Language
eng
Property Law Civil Procedure Leasehold Validity Ejectment Perpetual Injunction Fraudulent Misrepresentation Family Property Burden of Proof

Case Brief

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Parties

Gladys Kabukie Kubi

Plaintiff

Steward Nana Woode

First Defendant

Esther Nana Ama Woode

Second Defendant

Theodora Olerki Ackwerh

Third Defendant

Tema Development Company

Fourth Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Ownership status of late Ebenezer Ackwerh at time of death
  2. 2 Effect of part payment on property ownership
  3. 3 Fraudulent misrepresentation in property acquisition

Ratio Decidendi

Plaintiff validly acquired leasehold from 4th Defendant after late Ackwerh failed to pay full purchase price and property reverted to rental status; Defendants failed to prove fraud or family ownership; Plaintiff entitled to ejectment and injunction.

Court Disposition

Plaintiff's claims granted; 3rd Defendant's counterclaim dismissed.

Orders

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