Amponsah Vrs Dufie [2022] GHASC 27 (7 December 2022)
The Court found that the defendant's documentary evidence of ownership was unimpeached and more credible than the plaintiff's oral testimony, and that the property belonged exclusively to the three brothers, not the family.
- Citation
- [2022] GHASC 27
- Parties
- Plaintiff/respondent/appellant: Cecilia Amponsah; Defendant/appellant/respondent: Yaa Dufie
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Judgment Date
- 7 December 2022
- Procedural Posture
- Civil Appeal / Supreme Court Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Ownership Dispute, Evidence Evaluation, Family Property, Land Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Cecilia Amponsah
Plaintiff/respondent/appellant
Yaa Dufie
Defendant/appellant/respondent
Procedural Posture
Civil Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether the disputed property was family-owned or belonged exclusively to three brothers
- 2 Whether oral evidence can override documentary evidence in property disputes
Ratio Decidendi
The Court found that the defendant's documentary evidence of ownership was unimpeached and more credible than the plaintiff's oral testimony, and that the property belonged exclusively to the three brothers, not the family.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed; Court of Appeal decision affirmed.
Full Case Text
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