KWADWO FRIMPONG VRS YAW BOATENG & 2 ORS (C1/17/2021) [2024] GHAHC 416 (31 October 2024)

KWADWO FRIMPONG VRS YAW BOATENG & 2 ORS (C1/17/2021) [2024] GHAHC 416 (31 October 2024)

Plaintiff proved by documentary and oral evidence that House No. NJ38 is Aduana family property, managed by successive Aduana caretakers, corroborated by property rate receipts and tenancy agreements. Defendants' evidence and documents also support Aduana ownership. No valid customary arbitration occurred. Defendants are not entitled to possession and may be lawfully ejected for renovation, with six months' notice and first option to rent after renovation.

Citation
KWADWO FRIMPONG VRS YAW BOATENG & 2 ORS (C1/17/2021) [2024] GHAHC 416 (31 October 2024)
Parties
Plaintiff: Kwadwo Frimpong; Defendants: Yaw Boateng & 2 Others
Court
ghahc
Jurisdiction
Ghana
Judgment Date
31 October 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Title to Property, Matrilineal Inheritance, Customary Arbitration, Ejectment, Landlord Tenant Relations
Source Language
eng
Property Law Family Law Customary Law Title to Property Matrilineal Inheritance Customary Arbitration Ejectment Landlord Tenant Relations

Case Brief

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Parties

Kwadwo Frimpong

Plaintiff

Yaw Boateng & 2 Others

Defendants

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether there was a valid customary arbitration over the disputed house
  2. 2 Whether the house in dispute is the family property of plaintiff’s Aduana family of Kumawu or the Defendants Asene Family of Obo
  3. 3 Whether the Defendants can be ejected from the disputed property to enable same to be renovated

Ratio Decidendi

Plaintiff proved by documentary and oral evidence that House No. NJ38 is Aduana family property, managed by successive Aduana caretakers, corroborated by property rate receipts and tenancy agreements. Defendants' evidence and documents also support Aduana ownership. No valid customary arbitration occurred. Defendants are not entitled to possession and may be lawfully ejected for renovation, with six months' notice and first option to rent after renovation.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration of title to House No. NJ38 in favour of Aduana family of Kumawu
  • Ejectment of defendants for renovation purposes