Badu Vrs Asamoah [2018] GHADC 1 (17 July 2018)

Badu Vrs Asamoah [2018] GHADC 1 (17 July 2018)

The plaintiff failed to prove her root of title to the disputed land and did not establish the identity and boundaries of the land as required by law. The defendant, through consistent and corroborated evidence, proved that the land was acquired by his late father and passed to him and his siblings. The defendant's counter-claim was established on the preponderance of probabilities.

Citation
[2018] GHADC 1
Parties
Plaintiff: Monica Badu; Defendant: Kwasi Asamoah
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 July 2018
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's case dismissed; judgment for defendant on counter-claim.
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Perpetual Injunction, Counter Claim, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Trespass Perpetual Injunction Counter Claim Burden of Proof

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Parties

Monica Badu

Plaintiff

Kwasi Asamoah

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff has valid title to the disputed land
  2. 2 Whether the disputed land is the property of the plaintiff
  3. 3 Whether the plaintiff is entitled to recovery of possession

Ratio Decidendi

The plaintiff failed to prove her root of title to the disputed land and did not establish the identity and boundaries of the land as required by law. The defendant, through consistent and corroborated evidence, proved that the land was acquired by his late father and passed to him and his siblings. The defendant's counter-claim was established on the preponderance of probabilities.

Court Disposition

Plaintiff's case dismissed; judgment for defendant on counter-claim.

Orders

  • Plaintiff's case dismissed entirely.
  • Declaration that the disputed land is the property of the defendant, who shall take possession.