Gyabeng 1 Vrs Ntaadu [2023] GHADC 237 (24 July 2023)

Gyabeng 1 Vrs Ntaadu [2023] GHADC 237 (24 July 2023)

The Plaintiff proved that the disputed land was part of the land released to Nana Kofi Oppong and granted to the Defendant on abunu tenancy terms. The Defendant failed to prove his claim that the land was state land and did not establish the root of his title. Therefore, the Plaintiff is entitled to his claim and the Defendant’s counterclaim fails.

Citation
[2023] GHADC 237
Parties
Plaintiff: Nana Yaw Gyabeng I; Defendant: Yaw Ntaadu
Court
District Court
Jurisdiction
Ghana
Judgment Date
24 July 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff; Defendant's counterclaim dismissed
Legal Topics
Declaration of Title, Abunu Tenancy, Recovery of Possession, Counterclaim
Source Language
English
Land Law Customary Tenancy Declaration of Title Abunu Tenancy Recovery of Possession Counterclaim

Case Brief

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Parties

Nana Yaw Gyabeng I

Plaintiff

Yaw Ntaadu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed land was part of the land released to Nana Kofi Oppong by the forestry commission
  2. 2 Whether Nana Kofi Oppong granted the disputed land to the Defendant to cultivate cocoa on abunu tenancy terms
  3. 3 Whether the Plaintiff is entitled to his claim

Ratio Decidendi

The Plaintiff proved that the disputed land was part of the land released to Nana Kofi Oppong and granted to the Defendant on abunu tenancy terms. The Defendant failed to prove his claim that the land was state land and did not establish the root of his title. Therefore, the Plaintiff is entitled to his claim and the Defendant’s counterclaim fails.

Court Disposition

Judgment for Plaintiff; Defendant's counterclaim dismissed

Orders

  • Declaration that Plaintiff has title to the disputed land
  • Order that the cocoa farm be shared between Plaintiff and Defendant in accordance with abunu tenancy terms