OWUSUA VRS BOATENG (BR/NK/DC/A1/13/23) [2023] GHADC 1257 (13 November 2023)

Plaintiff failed to prove a valid customary gift of the land as required by law; evidence did not establish title in her favour. The land is family property and Plaintiff, not being a family member, is not entitled to any portion.

Citation: [2023] GHADC 1257
Parties: Plaintiff: Janet Owusua; Defendant: Kwasi Boateng
Court: District Court
Jurisdiction: Ghana
Judgment Date: 13 November 2023
Case Number: BR/NK/DC/A1/13/23
Procedural Posture: Civil Land Dispute / Judgment
Outcome: Plaintiff’s claim dismissed for lack of proof.
Legal Topics: Declaration of Title, Recovery of Possession, Customary Gift, Family Property, Customary Arbitration
Source Language: English

Land Law Customary Law Declaration of Title Recovery of Possession Customary Gift Family Property Customary Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Janet Owusua

Plaintiff

Kwasi Boateng

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

1 Whether the Plaintiff established a valid gift of land by her uncle, Kwaku Toah
2 Whether the land in dispute is Defendant’s family property
3 Whether there was a valid arbitration at the queen mother’s palace

Ratio Decidendi

Court Disposition

Plaintiff’s claim dismissed for lack of proof.

Orders

Plaintiff, her agents, workers, and privies are perpetually restrained from interfering with the disputed land.
Plaintiff to pay cost of GH¢2,000.00 to Defendant.