NARTEY VRS ALHASSAN (A1/27/2020) [2024] GHADC 219 (31 July 2024)

NARTEY VRS ALHASSAN (A1/27/2020) [2024] GHADC 219 (31 July 2024)

Plaintiff failed to prove title to the land on the balance of probabilities, as the lease agreement was inadmissible for lack of stamping and there was no evidence of possession. The action was misconceived against the 2nd and 3rd defendants, as the proper remedy should have been for compensation, not declaration of title.

Citation
NARTEY VRS ALHASSAN (A1/27/2020) [2024] GHADC 219 (31 July 2024)
Parties
Plaintiff: Harry Nartey; Defendant: Eliasu Alhassan; Defendant: 2 Ors
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 July 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action dismissed.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Burden of Proof, Admissibility of Evidence
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Burden of Proof Admissibility of Evidence

Case Brief

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Parties

Harry Nartey

Plaintiff

Eliasu Alhassan

Defendant

2 Ors

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has title to the land described in the lease agreement

Ratio Decidendi

Plaintiff failed to prove title to the land on the balance of probabilities, as the lease agreement was inadmissible for lack of stamping and there was no evidence of possession. The action was misconceived against the 2nd and 3rd defendants, as the proper remedy should have been for compensation, not declaration of title.

Court Disposition

Plaintiff's action dismissed.