MUBARIK VRS EDEM & 2 OTHERS. (A1/20/23) [2024] GHADC 379 (29 February 2024)

MUBARIK VRS EDEM & 2 OTHERS. (A1/20/23) [2024] GHADC 379 (29 February 2024)

The dispute concerns a boundary issue between Nyashei Skin and Nanton Skin, which by statute (Act 587 s.1) is within the exclusive original jurisdiction of the High Court, not the District Court. The District Court is therefore ousted of jurisdiction and cannot proceed to determine the merits.

Citation
MUBARIK VRS EDEM & 2 OTHERS. (A1/20/23) [2024] GHADC 379 (29 February 2024)
Parties
Plaintiff: Haruna Mubarik (per his lawful attorney Sualisu Ibrahim); 1st Defendant: Mr. Edem; 2nd Defendant: Godsway Mensah Dordor; 3rd Defendant: Mrs. Dordor
Court
ghadc
Jurisdiction
Ghana
Judgment Date
29 February 2024
Procedural Posture
Civil (land Dispute) / Judgment at Trial Court (district Court)
Outcome
Suit struck out for want of jurisdiction.
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Trespass, Counterclaim, Jurisdictional Ouster, Stool Land Boundaries
Source Language
eng
Land Law Civil Procedure Jurisdiction Declaration of Title Recovery of Possession Injunction Trespass Counterclaim +2 more

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Parties

Haruna Mubarik (per his lawful attorney Sualisu Ibrahim)

Plaintiff

Mr. Edem

1st Defendant

Godsway Mensah Dordor

2nd Defendant

Mrs. Dordor

3rd Defendant

Procedural Posture

Civil (land Dispute) / Judgment at Trial Court (district Court)

Legal Issues

  1. 1 Whether the disputed plots are subject to a boundary dispute between Nyashei Skin and Nanton Skin
  2. 2 Whether the plaintiff or 2nd defendant was validly granted the said plots
  3. 3 Whether the plaintiff or 2nd defendant trespassed onto the said plots

Ratio Decidendi

The dispute concerns a boundary issue between Nyashei Skin and Nanton Skin, which by statute (Act 587 s.1) is within the exclusive original jurisdiction of the High Court, not the District Court. The District Court is therefore ousted of jurisdiction and cannot proceed to determine the merits.

Court Disposition

Suit struck out for want of jurisdiction.

Orders

  • Suit struck out for want of jurisdiction.
  • Parties to pursue the matter at the High Court as per s.1 of Act 587.