KWADWO FRIMPONG VRS YAW BOATENG & 2 ORS. (C1/17/2021) [2024] GHAHC 415 (31 October 2024)

KWADWO FRIMPONG VRS YAW BOATENG & 2 ORS. (C1/17/2021) [2024] GHAHC 415 (31 October 2024)

The plaintiff’s Aduana family established a superior claim to House No. NJ38 through credible traditional and documentary evidence of acquisition, succession, and management, corroborated by property rate receipts and tenancy agreements. Defendants’ evidence and documents failed to establish title, and their possession was not sufficient to defeat the plaintiff’s proven ownership. No valid customary arbitration was established to bar the claim. The plaintiff is entitled to declaration of title and ejectment of the defendants for renovation purposes, with appropriate notice and first option to rent after renovation.

Citation
KWADWO FRIMPONG VRS YAW BOATENG & 2 ORS. (C1/17/2021) [2024] GHAHC 415 (31 October 2024)
Parties
Plaintiff: Kwadwo Frimpong; Defendants: Yaw Boateng & 2 Others
Court
ghahc
Jurisdiction
Ghana
Judgment Date
31 October 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Declaration of Title, Ejectment, Family Property, Customary Succession, Arbitration, Burden of Proof
Source Language
eng
Property Law Customary Law Civil Procedure Declaration of Title Ejectment Family Property Customary Succession Arbitration +1 more

Case Brief

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Parties

Kwadwo Frimpong

Plaintiff

Yaw Boateng & 2 Others

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a valid arbitration over the disputed house
  2. 2 Whether the house in dispute is the family property of the plaintiff’s Aduana family or the defendants’ Asene family
  3. 3 Whether the defendants can be ejected from the disputed property to enable renovation

Ratio Decidendi

The plaintiff’s Aduana family established a superior claim to House No. NJ38 through credible traditional and documentary evidence of acquisition, succession, and management, corroborated by property rate receipts and tenancy agreements. Defendants’ evidence and documents failed to establish title, and their possession was not sufficient to defeat the plaintiff’s proven ownership. No valid customary arbitration was established to bar the claim. The plaintiff is entitled to declaration of title and ejectment of the defendants for renovation purposes, with appropriate notice and first option to rent after renovation.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration of title to House No. NJ38 in favour of the plaintiff’s Aduana family of Kumawu
  • Order for ejectment of the defendants from House No. NJ38 for renovation purposes