Nkansah Vrs Apiumasu [2023] GHADC 166 (22 March 2023)

Nkansah Vrs Apiumasu [2023] GHADC 166 (22 March 2023)

The plaintiffs established their root of title to the disputed land through credible evidence of acquisition, possession, and gift from their late father, while the defendants failed to substantiate their claim of inheritance or possession. The burden of proof was discharged by the plaintiffs on a preponderance of probabilities.

Citation
[2023] GHADC 166
Parties
Plaintiff: Hanah Nkansah; Defendant: Kwasi Apiumasu; Defendant: Nana Damoah (Dabehene of Badu); Defendant: Abiba Tuayiri
Court
District Court
Jurisdiction
Ghana
Judgment Date
22 March 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff on all reliefs.
Legal Topics
Declaration of Title, Trespass, Injunction, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Burden of Proof

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Parties

Hanah Nkansah

Plaintiff

Kwasi Apiumasu

Defendant

Nana Damoah (Dabehene of Badu)

Defendant

Abiba Tuayiri

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed farmland is the property of the plaintiff
  2. 2 Whether the plaintiff has valid title to the farmland
  3. 3 Whether the defendants trespassed onto the disputed land

Ratio Decidendi

The plaintiffs established their root of title to the disputed land through credible evidence of acquisition, possession, and gift from their late father, while the defendants failed to substantiate their claim of inheritance or possession. The burden of proof was discharged by the plaintiffs on a preponderance of probabilities.

Court Disposition

Judgment for the plaintiff on all reliefs.

Orders

  • Declaration that the disputed land is the property of the plaintiffs and they shall take possession of same.
  • General damages of GH₵2,000.00 awarded against the 1st defendant for trespass.