Acquah and 4 Others Vrs Assuming and 3 Others [2023] GHAHC 346 (9 February 2023)

Acquah and 4 Others Vrs Assuming and 3 Others [2023] GHAHC 346 (9 February 2023)

Plaintiffs failed to prove identity and boundaries of land claimed; composite site plan and expert evidence show plaintiffs’ land does not overlap disputed land. Plaintiffs’ grantor lacked capacity to convey title. Defendants established title and possession. Plaintiffs’ claims dismissed; counterclaim succeeds.

Citation
Acquah and 4 Others Vrs Assuming and 3 Others [2023] GHAHC 346 (9 February 2023)
Parties
Plaintiff: Kwame Amaadi Acquah; Plaintiff: Odartei Lamptey; Plaintiff: Mary Adoley Awuley; Plaintiff: Obodai Torgbor; Plaintiff: Gifty Okailey Awuley; Defendant: Mr. Assuming; Defendant: Albert Hoffman; Defendant: Asante; Defendant: The Estate of Mr. Adu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
9 February 2023
Procedural Posture
Land Dispute / Final Judgment
Outcome
Plaintiffs’ claims dismissed; counterclaim granted.
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Counterclaim, Statute Bar, Evidence, Family Land, Stool Land
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Injunction Counterclaim Statute Bar Evidence +2 more

Case Brief

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Parties

Kwame Amaadi Acquah

Plaintiff

Odartei Lamptey

Plaintiff

Mary Adoley Awuley

Plaintiff

Obodai Torgbor

Plaintiff

Gifty Okailey Awuley

Plaintiff

Mr. Assuming

Defendant

Albert Hoffman

Defendant

Asante

Defendant

The Estate of Mr. Adu

Defendant

Procedural Posture

Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs are joint owners of the disputed land
  2. 2 Whether defendants encroached on plaintiffs’ land
  3. 3 Whether plaintiffs are entitled to reliefs claimed

Ratio Decidendi

Plaintiffs failed to prove identity and boundaries of land claimed; composite site plan and expert evidence show plaintiffs’ land does not overlap disputed land. Plaintiffs’ grantor lacked capacity to convey title. Defendants established title and possession. Plaintiffs’ claims dismissed; counterclaim succeeds.

Court Disposition

Plaintiffs’ claims dismissed; counterclaim granted.

Orders

  • Judgment for 4th defendant for all reliefs endorsed on counterclaim.
  • Names of 1st to 3rd defendants struck out as unnecessary parties.