MOGTAR VRS SULEMANA & ANOTHER (UW/WA/CT/A1/07/2022) [2024] GHACC 267 (28 June 2024)

MOGTAR VRS SULEMANA & ANOTHER (UW/WA/CT/A1/07/2022) [2024] GHACC 267 (28 June 2024)

Plaintiff failed to prove root of title and possession; Defendants established better title through traditional evidence corroborated by acts of possession and testimony from the Pelpuo family. Statutory Declaration held to be self-serving and not valid proof of title. Defendants' counterclaim for declaration of title and injunction succeeds.

Citation
MOGTAR VRS SULEMANA & ANOTHER (UW/WA/CT/A1/07/2022) [2024] GHACC 267 (28 June 2024)
Parties
Plaintiff: Museibu Mogtari; Defendant: Osman Sulemana; Defendant: Adamu S. Mashood
Court
ghacc
Jurisdiction
Ghana
Judgment Date
28 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Plaintiff's claim dismissed; Defendants' counterclaim granted
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Damages for Trespass, Traditional Evidence, Burden of Proof
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Damages for Trespass Traditional Evidence Burden of Proof

Case Brief

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Parties

Museibu Mogtari

Plaintiff

Osman Sulemana

Defendant

Adamu S. Mashood

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the disputed plot was acquired from the Wa Naa by Alhaji Mogtari Osuman and thus became his bona fide property
  2. 2 Whether ownership in the disputed land was transferred from Alhaji Mogtari Osuman and vested in plaintiff by virtue of a Statutory Declaration
  3. 3 Whether the plaintiff exercised ownership over the land in dispute by undertaking to register his interest and title

Ratio Decidendi

Plaintiff failed to prove root of title and possession; Defendants established better title through traditional evidence corroborated by acts of possession and testimony from the Pelpuo family. Statutory Declaration held to be self-serving and not valid proof of title. Defendants' counterclaim for declaration of title and injunction succeeds.

Court Disposition

Plaintiff's claim dismissed; Defendants' counterclaim granted

Orders

  • Defendants declared owners and have title to Plot Number 13 Block B at Wa Central Residential Area
  • Plaintiff, his workmen, agents, assigns, successors etc perpetually restrained from interfering with Defendants' quiet and peaceful enjoyment of the land