MENSAH VRS ANOKYE AND ANOTHER (A1/3/2020) [2024] GHACC 239 (7 May 2024)

MENSAH VRS ANOKYE AND ANOTHER (A1/3/2020) [2024] GHACC 239 (7 May 2024)

Plaintiff proved acquisition and development of disputed plot during marriage; defendants failed to establish superior title or valid transfer. Ownership declared for plaintiff, subject to compensation for marital property rights.

Citation
MENSAH VRS ANOKYE AND ANOTHER (A1/3/2020) [2024] GHACC 239 (7 May 2024)
Parties
Plaintiff: Opanin Kwabena Mensah; 1st Defendant: Yaw Anokye; 2nd Defendant: Kwame Amponsah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
7 May 2024
Procedural Posture
Civil / Judgment
Outcome
Ownership of plot No. 24 Block EO declared for plaintiff; defendants restrained from dealing with property; plaintiff to compensate defendants for resources spent and marital property rights.
Legal Topics
Declaration of Title, Marital Property Distribution, Injunction, Trespass
Source Language
eng
Property Law Family Law Declaration of Title Marital Property Distribution Injunction Trespass

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Parties

Opanin Kwabena Mensah

Plaintiff

Yaw Anokye

1st Defendant

Kwame Amponsah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff acquired plot No. 24 Block EO as personal property
  2. 2 Whether the plaintiff developed the plot with personal resources
  3. 3 Whether the defendants have a transferred document dated 1973

Ratio Decidendi

Plaintiff proved acquisition and development of disputed plot during marriage; defendants failed to establish superior title or valid transfer. Ownership declared for plaintiff, subject to compensation for marital property rights.

Court Disposition

Ownership of plot No. 24 Block EO declared for plaintiff; defendants restrained from dealing with property; plaintiff to compensate defendants for resources spent and marital property rights.

Orders

  • Ownership of plot No. 24 Block EO declared for plaintiff
  • Defendants restrained from dealing with disputed property