OFOSU VRS BOATENG AND TWO OTHERS (A1/09/2017) [2024] GHADC 286 (27 June 2024)

OFOSU VRS BOATENG AND TWO OTHERS (A1/09/2017) [2024] GHADC 286 (27 June 2024)

Plaintiff failed to prove personal ownership or representative capacity for family property; evidence established Defendants' father received and possessed disputed lands from grandmother, and Defendants inherited and currently possess them. Defendants proved entitlement to title and injunction; Plaintiff's action fails.

Citation
OFOSU VRS BOATENG AND TWO OTHERS (A1/09/2017) [2024] GHADC 286 (27 June 2024)
Parties
Plaintiff: Kwadwo Ofosu; Defendant: Akwasi Agyapong Boateng; Defendant: Abena Kwartemaa; Defendant: Akua Pokua
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Plaintiff's action dismissed; Defendants' counterclaim succeeds.
Legal Topics
Declaration of Title, Recovery of Possession, Family Property, Intestate Succession, Perpetual Injunction
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Family Property Intestate Succession Perpetual Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Kwadwo Ofosu

Plaintiff

Akwasi Agyapong Boateng

Defendant

Abena Kwartemaa

Defendant

Akua Pokua

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Ownership of disputed lands ('Mentinsa','Kwaso Kwanso','Akyena Kwanso')
  2. 2 Whether disputed land became family property upon death of Akua Ntumi
  3. 3 Entitlement of Defendants to counterclaim

Ratio Decidendi

Plaintiff failed to prove personal ownership or representative capacity for family property; evidence established Defendants' father received and possessed disputed lands from grandmother, and Defendants inherited and currently possess them. Defendants proved entitlement to title and injunction; Plaintiff's action fails.

Court Disposition

Plaintiff's action dismissed; Defendants' counterclaim succeeds.

Orders

  • Declaration of title to 'Mentinsa' and 'Kwaso Kwanso' lands in favour of Defendants.
  • Declaration of title to 'Akyena Kwanso' land in favour of Defendants.