KYERE VRS KYEREMEH (A1/02/2023) [2024] GHADC 255 (29 July 2024)

KYERE VRS KYEREMEH (A1/02/2023) [2024] GHADC 255 (29 July 2024)

Plaintiff failed to prove personal title to the disputed land on the balance of probabilities, as no title passed to him individually and evidence showed defendant was an abunu tenant of plaintiff's late father. Plaintiff's claim was inconsistent and unsupported by credible evidence.

Citation
KYERE VRS KYEREMEH (A1/02/2023) [2024] GHADC 255 (29 July 2024)
Parties
Plaintiff: Kofi Kyere; Defendant: Kofi Kyeremeh
Court
ghadc
Jurisdiction
Ghana
Judgment Date
29 July 2024
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed as frivolous, unmeritorious, and vexatious.
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Tenancy (abunu), Burden of Proof
Source Language
eng
Land Law Civil Procedure Declaration of Title Recovery of Possession Injunction Tenancy (abunu) Burden of Proof

Case Brief

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Parties

Kofi Kyere

Plaintiff

Kofi Kyeremeh

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has title to the land in dispute
  2. 2 Whether the defendant and his privies should be perpetually injuncted from working on the disputed land
  3. 3 Any other issues arising from the pleadings

Ratio Decidendi

Plaintiff failed to prove personal title to the disputed land on the balance of probabilities, as no title passed to him individually and evidence showed defendant was an abunu tenant of plaintiff's late father. Plaintiff's claim was inconsistent and unsupported by credible evidence.

Court Disposition

Suit dismissed as frivolous, unmeritorious, and vexatious.

Orders

  • Plaintiff's claims dismissed
  • Plaintiff to pay GH₵3,000.00 in costs to defendant