KWAME VRS FORDJOUR & ANOTHER (BR/SP/DC/A1/04/22) [2024] GHADC 263 (12 June 2024)

Plaintiff failed to prove by credible evidence the customary gift, identity, and boundaries of the disputed land; defendants' evidence was preferred and established their ownership.

Citation: KWAME VRS FORDJOUR & ANOTHER (BR/SP/DC/A1/04/22) [2024] GHADC 263 (12 June 2024)
Parties: Plaintiff: John Sah Kwame; 1st Defendant: Kwadwo Fordjour; 2nd Defendant: Kwadwo Sampson
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 12 June 2024
Procedural Posture: Civil Land Dispute / Judgment
Outcome: Plaintiff's claims dismissed; judgment for defendants.
Legal Topics: Declaration of Title, Recovery of Possession, Injunction, Customary Gift of Land, Burden of Proof
Source Language: eng

Land Law Customary Law Declaration of Title Recovery of Possession Injunction Customary Gift of Land Burden of Proof

Case Brief

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Parties

John Sah Kwame

Plaintiff

Kwadwo Fordjour

1st Defendant

Kwadwo Sampson

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

1 Whether the plaintiff is entitled to declaration of title, recovery of possession, and injunction over the disputed land based on an alleged customary gift in 1972
2 Whether the defendants are entitled to ownership of the disputed land

Ratio Decidendi

Plaintiff failed to prove by credible evidence the customary gift, identity, and boundaries of the disputed land; defendants' evidence was preferred and established their ownership.

Court Disposition

Plaintiff's claims dismissed; judgment for defendants.

Orders

Title to the disputed land at Zamgboo, Duadaso No. 2 stool lands, declared for defendants.
Defendants adjudged true owners of the land.