Addae Vrs Ali and Another [2023] GHADC 221 (8 June 2023)

Addae Vrs Ali and Another [2023] GHADC 221 (8 June 2023)

The plaintiff is not the owner of the cocoa farm in dispute as the farm had already been shared between the plaintiff’s father and the first defendant’s family on abunu tenancy basis, and the plaintiff failed to prove his claim of ownership or entitlement to the alleged sum for foodstuffs and cocoa beans.

Citation
[2023] GHADC 221
Parties
Plaintiff: Kwabena Addae; 1st Defendant: Mariama Ali; 2nd Defendant: Another
Court
District Court
Jurisdiction
Ghana
Judgment Date
8 June 2023
Procedural Posture
Civil / Judgment
Outcome
suit dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Burden of Proof, Abunu Tenancy
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Injunction Burden of Proof Abunu Tenancy

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Parties

Kwabena Addae

Plaintiff

Mariama Ali

1st Defendant

Another

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the owner of the cocoa farm in dispute
  2. 2 Whether the plaintiff is entitled to recovery of GHc40,000.00 for foodstuffs and cocoa beans
  3. 3 Whether the plaintiff is entitled to a perpetual injunction against the defendants

Ratio Decidendi

The plaintiff is not the owner of the cocoa farm in dispute as the farm had already been shared between the plaintiff’s father and the first defendant’s family on abunu tenancy basis, and the plaintiff failed to prove his claim of ownership or entitlement to the alleged sum for foodstuffs and cocoa beans.

Court Disposition

suit dismissed

Orders

  • Costs of GHc2,000.00 awarded against the plaintiff and in favour of the first defendant