ADAMS VRS YEBOAH (A9/335/18) [2024] GHADC 55 (1 February 2024)

ADAMS VRS YEBOAH (A9/335/18) [2024] GHADC 55 (1 February 2024)

Defendant failed to prove valid customary gift of chamber and hall; evidence did not satisfy requirements of publicity, aseda, or witnesses. Defendant had already rendered accounts to Plaintiff's wife and caretaker, and Plaintiff acquiesced. Plaintiff entitled to recovery of possession, injunction, and costs; Defendant's counterclaim fails.

Citation
ADAMS VRS YEBOAH (A9/335/18) [2024] GHADC 55 (1 February 2024)
Parties
Plaintiff: Rashad Baba Adams; Defendant: Kofi Ibrahim Yeboah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
1 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claim succeeds; Defendant's counterclaim dismissed.
Legal Topics
Customary Gift, Recovery of Possession, Account Rendering, Injunction, Costs
Source Language
eng
Property Law Civil Procedure Customary Gift Recovery of Possession Account Rendering Injunction Costs

Case Brief

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Parties

Rashad Baba Adams

Plaintiff

Kofi Ibrahim Yeboah

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff gifted a chamber and hall in House No. B/459/13, Sukura to Defendant
  2. 2 Whether Defendant ought to render any accounts to Plaintiff

Ratio Decidendi

Defendant failed to prove valid customary gift of chamber and hall; evidence did not satisfy requirements of publicity, aseda, or witnesses. Defendant had already rendered accounts to Plaintiff's wife and caretaker, and Plaintiff acquiesced. Plaintiff entitled to recovery of possession, injunction, and costs; Defendant's counterclaim fails.

Court Disposition

Plaintiff's claim succeeds; Defendant's counterclaim dismissed.

Orders

  • Defendant to vacate chamber and hall in House No. B/459/13, Sukura within two weeks.
  • Defendant, his family, privies, and agents perpetually restrained from dealing with House No. B/459/13, Sukura, Accra.