Karim Vrs Cudjoe [2022] GHACC 135 (25 November 2022)

Karim Vrs Cudjoe [2022] GHACC 135 (25 November 2022)

The plaintiff established on the balance of probabilities that his late father re-acquired the disputed land from the defendant’s predecessor, as evidenced by the acknowledgment and instructions for registration by the defendant’s predecessor’s lawyers (Exhibit C), the registration of the deed (Exhibit A), and corroborative oral testimony. The defendant is estopped from denying the resale, and the plaintiff is entitled to recovery of possession and a perpetual injunction.

Citation
[2022] GHACC 135
Parties
Plaintiff: Nuhu Abdul Karim; Defendant: Abraham Cudjoe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 November 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Burden of Proof, Estoppel, Registration of Land, Evidence Against Deceased Persons
Source Language
English
Land Law Property Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Burden of Proof Estoppel +2 more

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Parties

Nuhu Abdul Karim

Plaintiff

Abraham Cudjoe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff’s father re-acquired the land in dispute from the defendant’s family
  2. 2 Whether the plaintiff’s father cultivated acacia, oranges and palm trees on the disputed land
  3. 3 Whether the defendant can validly grant portions of the disputed land to any third parties without the consent of the plaintiff or his father

Ratio Decidendi

The plaintiff established on the balance of probabilities that his late father re-acquired the disputed land from the defendant’s predecessor, as evidenced by the acknowledgment and instructions for registration by the defendant’s predecessor’s lawyers (Exhibit C), the registration of the deed (Exhibit A), and corroborative oral testimony. The defendant is estopped from denying the resale, and the plaintiff is entitled to recovery of possession and a perpetual injunction.

Court Disposition

judgment for the plaintiff

Orders

  • Declaration of title to the land described in paragraph 7 of the statement of claim in favour of the plaintiff
  • Order for recovery of possession of the disputed land to the plaintiff