Agyemang Vrs Fio and Another [2023] GHADC 363 (28 July 2023)

Agyemang Vrs Fio and Another [2023] GHADC 363 (28 July 2023)

Plaintiff established a better equitable interest in the land through evidence of purchase and identification of boundaries, while Defendants failed to prove valid title or proper customary grant; thus, the balance of probabilities favours Plaintiff.

Citation
[2023] GHADC 363
Parties
Plaintiff: Kwabena Agyemang; Defendant: Ataa Fio; Defendant: Brother Kwadwo
Court
District Court
Jurisdiction
Ghana
Judgment Date
28 July 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Trespass, Recovery of Possession, Perpetual Injunction, Burden of Proof, Customary Law Grant
Source Language
English
Land Law Declaration of Title Trespass Recovery of Possession Perpetual Injunction Burden of Proof Customary Law Grant

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Parties

Kwabena Agyemang

Plaintiff

Ataa Fio

Defendant

Brother Kwadwo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to declaration of title to the land in dispute
  2. 2 Whether an order for perpetual injunction should be directed at the Defendants from interfering with the land in dispute

Ratio Decidendi

Plaintiff established a better equitable interest in the land through evidence of purchase and identification of boundaries, while Defendants failed to prove valid title or proper customary grant; thus, the balance of probabilities favours Plaintiff.

Court Disposition

judgment for plaintiff

Orders

  • Declaration of title to the parcel of land in dispute as described in the Schedule of the Amended Statement of Claim and in Exhibits 'A' and 'A1'.
  • Defendants, their agents, assigns, privies, etc. are restrained from interfering with the land described in the Schedule of the Amended Statement of Claim and in Exhibits 'A' and 'A1'.