Ayiagba Vrs. Atamdzi (E1/02/2020) [2024] GHAHC 386 (23 July 2024)

Ayiagba Vrs. Atamdzi (E1/02/2020) [2024] GHAHC 386 (23 July 2024)

Neither party provided sufficient corroborative evidence, such as a composite site plan or testimony from contiguous landowners, to establish the boundaries of the original grant or the alleged trespass. Both the plaintiff's claim and the defendant's counterclaim fail for lack of proof on the balance of probabilities.

Citation
Ayiagba Vrs. Atamdzi (E1/02/2020) [2024] GHAHC 386 (23 July 2024)
Parties
Plaintiff: Kodzo Ahiagba; Defendant: Akakpo Atamdzi
Court
ghahc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Both plaintiff's claim and defendant's counterclaim dismissed for lack of proof. No order as to costs.
Legal Topics
Declaration of Title, Trespass, Inheritance, Counterclaim, Burden of Proof
Source Language
eng
Land Law Civil Procedure Declaration of Title Trespass Inheritance Counterclaim Burden of Proof

Case Brief

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Parties

Kodzo Ahiagba

Plaintiff

Akakpo Atamdzi

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute is part of a larger tract originally owned by Torgbui Ahiagba
  2. 2 Whether Torgbui Ahiagba’s landed properties were shared among Plaintiff's father and his siblings
  3. 3 Whether the disputed land devolved through inheritance onto Plaintiff's father, Huizunugbe Ahiagba

Ratio Decidendi

Neither party provided sufficient corroborative evidence, such as a composite site plan or testimony from contiguous landowners, to establish the boundaries of the original grant or the alleged trespass. Both the plaintiff's claim and the defendant's counterclaim fail for lack of proof on the balance of probabilities.

Court Disposition

Both plaintiff's claim and defendant's counterclaim dismissed for lack of proof. No order as to costs.

Orders

  • Plaintiff's action dismissed.
  • Defendant's counterclaim dismissed.