OBENG VRS AWUSI (A1/2022) [2024] GHADC 335 (31 May 2024)

OBENG VRS AWUSI (A1/2022) [2024] GHADC 335 (31 May 2024)

Plaintiff failed to discharge the burden of proof required to establish title to the disputed property, as defendant provided superior documentary evidence of ownership. Plaintiff's case was not supported by sufficient or convincing evidence.

Citation
OBENG VRS AWUSI (A1/2022) [2024] GHADC 335 (31 May 2024)
Parties
Plaintiff: Mary Obeng; Defendant: Abena Awusi
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 May 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's case dismissed
Legal Topics
Title to Land, Burden of Proof, Documentary Evidence, Injunction, Recovery of Possession
Source Language
eng
Property Law Civil Procedure Title to Land Burden of Proof Documentary Evidence Injunction Recovery of Possession

Case Brief

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Parties

Mary Obeng

Plaintiff

Abena Awusi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to declaration of title to plot number 7B block C and the four rooms thereon at Agogo New Town
  2. 2 Whether the plaintiff is entitled to recovery of possession and perpetual injunction

Ratio Decidendi

Plaintiff failed to discharge the burden of proof required to establish title to the disputed property, as defendant provided superior documentary evidence of ownership. Plaintiff's case was not supported by sufficient or convincing evidence.

Court Disposition

Plaintiff's case dismissed