AFIUC VRS YAW & 2 OTHERS (A1/61/2018) [2024] GHADC 248 (29 July 2024)

AFIUC VRS YAW & 2 OTHERS (A1/61/2018) [2024] GHADC 248 (29 July 2024)

Plaintiff failed to prove valid title to the disputed land as his grantor's (Nterma family) ownership was not established, and no representative of the grantor was called to support the claim. Defendants' evidence of prior acquisition, possession, and documentation was more credible. Plaintiff did not discharge the burden of proof required by law.

Citation
AFIUC VRS YAW & 2 OTHERS (A1/61/2018) [2024] GHADC 248 (29 July 2024)
Parties
Plaintiff: Ottoa Afiuc; Defendant: Yaw Charles; Defendant: Mahama Amadu; Defendant: Salifu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
29 July 2024
Procedural Posture
Civil Land/title Dispute / Judgment
Outcome
Plaintiff's case dismissed in its entirety.
Legal Topics
Title to Land, Burden of Proof, Trespass, Injunction, Possession
Source Language
eng
Property Law Civil Procedure Title to Land Burden of Proof Trespass Injunction Possession

Case Brief

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Parties

Ottoa Afiuc

Plaintiff

Yaw Charles

Defendant

Mahama Amadu

Defendant

Salifu

Defendant

Procedural Posture

Civil Land/title Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the owner of the disputed land
  2. 2 Whether the plaintiff has valid title to the disputed land
  3. 3 Whether the defendants trespassed onto the land

Ratio Decidendi

Plaintiff failed to prove valid title to the disputed land as his grantor's (Nterma family) ownership was not established, and no representative of the grantor was called to support the claim. Defendants' evidence of prior acquisition, possession, and documentation was more credible. Plaintiff did not discharge the burden of proof required by law.

Court Disposition

Plaintiff's case dismissed in its entirety.

Orders

  • Cost of GH₵6,000.00 awarded against the plaintiff and for the defendants.