YAA VRS NTIRIWAA (A1/11/2021) [2023] GHACC 1142 (9 November 2023)

The disputed land is family land cultivated by the Plaintiff’s mother, and by customary law and matrilineal succession, the Plaintiff and her siblings are entitled to continue cultivating the land. The Defendant is restrained from claiming ownership, but the land remains family land.

Citation: [2023] GHACC 1142
Parties: Plaintiff: Nana Yaa; Defendant: Afia Ntiriwaa
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 9 November 2023
Case Number: A1/11/2021
Procedural Posture: Civil / Judgment
Outcome: Plaintiff granted right to continue cultivating the land; Defendant restrained from claiming ownership; land remains family land.
Legal Topics: Declaration of Title, Perpetual Injunction, Family Land, Matrilineal Succession
Source Language: English

Land Law Succession Law Customary Law Declaration of Title Perpetual Injunction Family Land Matrilineal Succession

Case Brief

Summary, issues, holding and outcome

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Parties

Nana Yaa

Plaintiff

Afia Ntiriwaa

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff’s mother (Adwoa Fobi) owned the disputed land before her death
2 Whether the Defendant’s mother inheriting Plaintiff’s mother meant Defendant’s mother now owned the farmland
3 Whether the Plaintiff is entitled to her claim

Ratio Decidendi

Court Disposition

Plaintiff granted right to continue cultivating the land; Defendant restrained from claiming ownership; land remains family land.

Orders

Plaintiff to continue cultivating the disputed land
Defendant restrained from claiming ownership of the disputed land