Danso Vrs Etse & 2 Anothers [2022] GHADC 57 (24 June 2022)

Danso Vrs Etse & 2 Anothers [2022] GHADC 57 (24 June 2022)

Plaintiffs failed to discharge the evidential burden to prove title and possession over the disputed land; evidence showed defendants lawfully re-entered and cultivated the land with permission from the stool and title holders; prior arbitration did not observe natural justice and was not binding; thus, plaintiffs' claims fail and judgment is entered for the defendants.

Citation
[2022] GHADC 57
Parties
Plaintiff: Nana Krampa Danso; Plaintiff: Christiana Sekyere; Defendant: Efo Etse; Defendant: Kakotse Yaa; Defendant: Rev. Carl Kakotse
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 June 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiffs' suit dismissed; judgment for defendants.
Legal Topics
Declaration of Title, Possession, Injunction, Trespass, Customary Tenancy, Boundary Dispute
Source Language
English
Land Law Declaration of Title Possession Injunction Trespass Customary Tenancy Boundary Dispute

Case Brief

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Parties

Nana Krampa Danso

Plaintiff

Christiana Sekyere

Plaintiff

Efo Etse

Defendant

Kakotse Yaa

Defendant

Rev. Carl Kakotse

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to declaration of title and possession of the disputed farmland
  2. 2 Whether the defendants trespassed onto the plaintiffs' land
  3. 3 Whether the subject matter in dispute is the same as that litigated in a previous judgment

Ratio Decidendi

Plaintiffs failed to discharge the evidential burden to prove title and possession over the disputed land; evidence showed defendants lawfully re-entered and cultivated the land with permission from the stool and title holders; prior arbitration did not observe natural justice and was not binding; thus, plaintiffs' claims fail and judgment is entered for the defendants.

Court Disposition

Plaintiffs' suit dismissed; judgment for defendants.

Orders

  • Plaintiffs, their workmen and assigns are restrained from interfering with the defendants' farmland.
  • Defendants to move into possession to maintain and cultivate the farm.