DUROWAA VRS ABABIO (A1/5/2023) [2024] GHADC 333 (13 August 2024)

DUROWAA VRS ABABIO (A1/5/2023) [2024] GHADC 333 (13 August 2024)

Plaintiff discharged the burden of proof; defendant’s admissions and credibility issues made plaintiff’s case more probable. Plaintiff entitled to relief, but as plot 9 is no longer available, defendant must refund its current market value.

Citation
DUROWAA VRS ABABIO (A1/5/2023) [2024] GHADC 333 (13 August 2024)
Parties
Plaintiff: Maame Afia Durowaa; Defendant: Nana Kofi Asomanin Ababio III
Court
ghadc
Jurisdiction
Ghana
Judgment Date
13 August 2024
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Burden of Proof, Credibility of Witnesses
Source Language
eng
Land Law Civil Procedure Declaration of Title Recovery of Possession Burden of Proof Credibility of Witnesses

Case Brief

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Parties

Maame Afia Durowaa

Plaintiff

Nana Kofi Asomanin Ababio III

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title and recovery of possession of plot 9 at Tweneboase on Hwidiem stool lands

Ratio Decidendi

Plaintiff discharged the burden of proof; defendant’s admissions and credibility issues made plaintiff’s case more probable. Plaintiff entitled to relief, but as plot 9 is no longer available, defendant must refund its current market value.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to refund the amount of the current market price of plot 9 to the plaintiff.
  • Defendant to pay costs of GH¢2,000.00 to the plaintiff.