INSUAH VRS. MOHAMMED & 2 OTHERS (A1/10/2029) [2023] GHADC 780 (30 October 2023)

INSUAH VRS. MOHAMMED & 2 OTHERS (A1/10/2029) [2023] GHADC 780 (30 October 2023)

Plaintiff proved on the balance of probabilities that the land in dispute was acquired by her late husband, supported by documentary evidence and testimony from the secretary to the chief of Boaso. Defendants failed to prove their claims of acquisition, transfer, or gift of the land, and their documents were rejected by the Boaso stool.

Citation
[2023] GHADC 780
Parties
Plaintiff: Hajara Insuah; 1st Defendant: Zulkarair Mohammed; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 October 2023
Case Number
A1/10/2029
Procedural Posture
Civil Land/property / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Declaration of Title, Ownership, Recovery of Possession, Letters of Administration, Trespass
Source Language
English
Land Law Succession Declaration of Title Ownership Recovery of Possession Letters of Administration Trespass

Case Brief

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Parties

Hajara Insuah

Plaintiff

Zulkarair Mohammed

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Civil Land/property / Judgment

Legal Issues

  1. 1 Whether the land in dispute was originally acquired by 3rd Defendant (plaintiff’s late father-in-law)
  2. 2 Whether 3rd Defendant transferred his interest in the land to 2nd Defendant and witnessed by DW1
  3. 3 Whether 1st Defendant purchased the disputed plot of land for and on behalf of 2nd Defendant from 3rd Defendant

Ratio Decidendi

Plaintiff proved on the balance of probabilities that the land in dispute was acquired by her late husband, supported by documentary evidence and testimony from the secretary to the chief of Boaso. Defendants failed to prove their claims of acquisition, transfer, or gift of the land, and their documents were rejected by the Boaso stool.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration of title and ownership of the disputed land in favor of plaintiff
  • Recovery of possession of the land by plaintiff