Wormenor and Another Vrs and Another [2022] GHADC 287 (17 November 2022)

Wormenor and Another Vrs and Another [2022] GHADC 287 (17 November 2022)

Plaintiffs failed to prove the extent of the boundaries of the land they claimed, as required by law, and did not call material witnesses to establish the identity and limits of the land. Therefore, they are not entitled to declaration of title, recovery of possession, or injunction. Defendant did not counterclaim, so title cannot be declared in his favour either.

Citation
Wormenor and Another Vrs and Another [2022] GHADC 287 (17 November 2022)
Parties
Plaintiffs: Albert Wormenor & Another; Defendant: Raphael Bokor Godwin Sedzro (substituted by Godwin Sedzro)
Court
ghadc
Jurisdiction
Ghana
Judgment Date
17 November 2022
Procedural Posture
Land Dispute / Judgment
Outcome
Plaintiffs' claims dismissed; no order as to costs; no declaration of title for either party.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Burden of Proof, Boundary Disputes
Source Language
eng
Land Law Evidence Declaration of Title Recovery of Possession Perpetual Injunction Burden of Proof Boundary Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Albert Wormenor & Another

Plaintiffs

Raphael Bokor Godwin Sedzro (substituted by Godwin Sedzro)

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land described by both parties is the same as the land in dispute
  2. 2 Whether the land in dispute was solely founded by Torgbui Dzoku I or together with his sisters
  3. 3 Whether the Wormenor family are the owners of the land in dispute

Ratio Decidendi

Plaintiffs failed to prove the extent of the boundaries of the land they claimed, as required by law, and did not call material witnesses to establish the identity and limits of the land. Therefore, they are not entitled to declaration of title, recovery of possession, or injunction. Defendant did not counterclaim, so title cannot be declared in his favour either.

Court Disposition

Plaintiffs' claims dismissed; no order as to costs; no declaration of title for either party.