TANOH VRS KRAH [2023] GHADC 835 (29 November 2023)

TANOH VRS KRAH [2023] GHADC 835 (29 November 2023)

The Plaintiff failed to prove by credible evidence that the disputed farmland was his father’s self-acquired property or that it was validly gifted to him under customary law; the Defendant’s evidence of family ownership and succession was more probable.

Citation
[2023] GHADC 835
Parties
Plaintiff: Kwasi Tanoh; Defendant: Op. Yaw Krah
Court
District Court
Jurisdiction
Ghana
Judgment Date
29 November 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff’s claims dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Customary Gift, Burden of Proof
Source Language
English
Land Law Customary Law Declaration of Title Recovery of Possession Trespass Customary Gift Burden of Proof

Case Brief

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Parties

Kwasi Tanoh

Plaintiff

Op. Yaw Krah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed farmland belonged to the Plaintiff’s late father
  2. 2 Whether the disputed farmland was gifted to the Plaintiff

Ratio Decidendi

The Plaintiff failed to prove by credible evidence that the disputed farmland was his father’s self-acquired property or that it was validly gifted to him under customary law; the Defendant’s evidence of family ownership and succession was more probable.

Court Disposition

Plaintiff’s claims dismissed

Orders

  • Plaintiff’s claims are dismissed
  • Plaintiff to pay costs of GHS1,000.00 to Defendant