ABOEKA VRS WUMBEI (NR/DC/KPA/A1/8/2024) [2024] GHADC 551 (19 December 2024)

ABOEKA VRS WUMBEI (NR/DC/KPA/A1/8/2024) [2024] GHADC 551 (19 December 2024)

The Plaintiff failed to prove that the disputed plot was not part of the land granted to the Defendant by his late father. The evidence showed the Defendant was granted the entire land, including the disputed section, and exercised acts of possession over it. The Plaintiff and his family did not demonstrate any acts of possession after the grant. The Plaintiff’s claims are dismissed in their entirety.

Citation
[2024] GHADC 551
Parties
Plaintiff: Kwame Aboeka; Defendant: Nyanjah Wumbei
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 December 2024
Case Number
NR/DC/KPA/A1/8/2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff’s claims dismissed in entirety
Legal Topics
Declaration of Title, Recovery of Land, Trespass, Injunction, Burden of Proof, Acts of Possession
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Land Trespass Injunction Burden of Proof Acts of Possession

Case Brief

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Parties

Kwame Aboeka

Plaintiff

Nyanjah Wumbei

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the disputed plot forms part of the plot granted to the Defendant by the Plaintiff’s late father

Ratio Decidendi

The Plaintiff failed to prove that the disputed plot was not part of the land granted to the Defendant by his late father. The evidence showed the Defendant was granted the entire land, including the disputed section, and exercised acts of possession over it. The Plaintiff and his family did not demonstrate any acts of possession after the grant. The Plaintiff’s claims are dismissed in their entirety.

Court Disposition

Plaintiff’s claims dismissed in entirety

Orders

  • Plaintiff’s claims for declaration of title, recovery, damages, injunction, and costs are dismissed
  • Plaintiff to pay costs of GH¢2,000 to the Defendant