OBENG VRS ANSAH & ANOTHER (A1/08/2022) [2024] GHACC 121 (16 February 2024)
Plaintiff’s claim fails due to 1st Defendant’s long undisturbed possession exceeding 15 years, rendering the action statute barred under the Limitation Act and Plaintiff’s acquiescence creating estoppel by conduct; the Abunu tenancy between Defendants is valid.
- Citation
- OBENG VRS ANSAH & ANOTHER (A1/08/2022) [2024] GHACC 121 (16 February 2024)
- Parties
- Plaintiff: Kwasi Obeng; 1st Defendant: Owusu Ansah; 2nd Defendant: Abena Botwe
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 16 February 2024
- Procedural Posture
- Civil / Final Judgment
- Outcome
- Plaintiff’s suit dismissed
- Legal Topics
- Constructive Trust, Family Land, Limitation, Estoppel by Conduct, Abunu Tenancy
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Kwasi Obeng
Plaintiff
Owusu Ansah
1st Defendant
Abena Botwe
2nd Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the land in dispute was held in trust for Plaintiff and his siblings by their mother Akosua Takyiwaa
- 2 Whether the land belonged to Akosua Takyiwaa and became family property upon her demise
- 3 Whether 1st Defendant has an interest in the land
Ratio Decidendi
Plaintiff’s claim fails due to 1st Defendant’s long undisturbed possession exceeding 15 years, rendering the action statute barred under the Limitation Act and Plaintiff’s acquiescence creating estoppel by conduct; the Abunu tenancy between Defendants is valid.
Court Disposition
Plaintiff’s suit dismissed
Orders
- Suit dismissed
- Cost of GH₵5000.00 awarded against Plaintiff
Full Case Text
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