AGYEN VRS FRIMPONG (A1/16/23) [2023] GHADC 1188 (27 November 2023)

AGYEN VRS FRIMPONG (A1/16/23) [2023] GHADC 1188 (27 November 2023)

Plaintiff failed to prove the identity of the disputed land, his root of title, and acts of possession; his evidence conflicted with his witness and did not meet the burden of proof required by law. The plaintiff's case was not established on the preponderance of probabilities.

Citation
[2023] GHADC 1188
Parties
Plaintiff: Kwasi Agyen; Defendant: Kofi Frimpong
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 November 2023
Case Number
A1/16/23
Procedural Posture
Civil / Judgment
Outcome
plaintiff's case dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Burden of Proof
Source Language
English
Land Law Declaration of Title Recovery of Possession Trespass Perpetual Injunction Burden of Proof

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kwasi Agyen

Plaintiff

Kofi Frimpong

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed land is the property of the plaintiff
  2. 2 Whether the plaintiff has valid title to the disputed land
  3. 3 Whether the plaintiff is entitled to recovery of the land

Ratio Decidendi

Plaintiff failed to prove the identity of the disputed land, his root of title, and acts of possession; his evidence conflicted with his witness and did not meet the burden of proof required by law. The plaintiff's case was not established on the preponderance of probabilities.

Court Disposition

plaintiff's case dismissed

Orders

  • Plaintiff's case dismissed entirely
  • Cost of GH₵1,000.00 awarded against the plaintiff and for the defendant