ALHASSAN VRS. BASHIRU (C7/07/2019) [2024] GHAHC 71 (30 April 2024)

ALHASSAN VRS. BASHIRU (C7/07/2019) [2024] GHAHC 71 (30 April 2024)

Plaintiff failed to prove root of title, mode of acquisition, and possession regarding the disputed property; defendant established acquisition, possession, and title. Plaintiff is entitled to apply for letters of administration as surviving spouse, but not to property ownership or injunction.

Citation
ALHASSAN VRS. BASHIRU (C7/07/2019) [2024] GHAHC 71 (30 April 2024)
Parties
Plaintiff: Mohammed Alhassan; Defendant: Issah Bashiru
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 April 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's reliefs (i) and (iii) dismissed; relief (ii) granted; defendant's counterclaim granted.
Legal Topics
Title to Land, Letters of Administration, Intermeddling, Matrimonial Property, Perpetual Injunction
Source Language
eng
Property Law Succession Law Civil Procedure Title to Land Letters of Administration Intermeddling Matrimonial Property Perpetual Injunction

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Parties

Mohammed Alhassan

Plaintiff

Issah Bashiru

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the disputed property belonged to the late Mariatu Bashiru
  2. 2 Whether plaintiff contributed to the finishing of the house
  3. 3 Whether defendant intermeddled with the estate without letters of administration

Ratio Decidendi

Plaintiff failed to prove root of title, mode of acquisition, and possession regarding the disputed property; defendant established acquisition, possession, and title. Plaintiff is entitled to apply for letters of administration as surviving spouse, but not to property ownership or injunction.

Court Disposition

Plaintiff's reliefs (i) and (iii) dismissed; relief (ii) granted; defendant's counterclaim granted.

Orders

  • Plaintiff entitled to apply for letters of administration with other qualified persons.
  • Declaration of title to disputed property in favour of defendant.