Nkumah Vrs Attah and Another [2022] GHADC 163 (24 November 2022)

Nkumah Vrs Attah and Another [2022] GHADC 163 (24 November 2022)

Plaintiff failed to prove title to the disputed land by documentary evidence, acts of possession, or credible corroborative means; burden of proof remained on Plaintiff, and her claims were not established on a preponderance of probabilities.

Citation
[2022] GHADC 163
Parties
Plaintiff: Madam Ama Nkumah; 1st Defendant: Kobina Attah; 2nd Defendant: Maame Ama Duoduwaa
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 November 2022
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's claims dismissed in entirety; judgment entered for Defendants.
Legal Topics
Declaration of Title, Burden of Proof, Trespass, Possession, Injunction
Source Language
English
Land Law Civil Procedure Declaration of Title Burden of Proof Trespass Possession Injunction

Case Brief

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Parties

Madam Ama Nkumah

Plaintiff

Kobina Attah

1st Defendant

Maame Ama Duoduwaa

2nd Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the owner of the disputed land at Agona Asafo
  2. 2 Whether the Plaintiff put PW1 on the land as caretaker
  3. 3 Whether the 2nd Defendant sold the land to the 1st Defendant

Ratio Decidendi

Plaintiff failed to prove title to the disputed land by documentary evidence, acts of possession, or credible corroborative means; burden of proof remained on Plaintiff, and her claims were not established on a preponderance of probabilities.

Court Disposition

Plaintiff's claims dismissed in entirety; judgment entered for Defendants.

Orders

  • No order as to costs; parties to bear their own costs.