DANSO VRS FREMPONG (A9/20/22) [2024] GHADC 119 (28 February 2024)

DANSO VRS FREMPONG (A9/20/22) [2024] GHADC 119 (28 February 2024)

Plaintiff and his siblings inherited the property as tenants in common; Defendant, as heir of a co-owner, has a legitimate interest and cannot be ejected by Plaintiff alone. Plaintiff failed to prove exclusive entitlement or right to eject Defendant.

Source-derived case information.

Citation
DANSO VRS FREMPONG (A9/20/22) [2024] GHADC 119 (28 February 2024)
Parties
Plaintiff: Robert Danso; Defendant: Otibu Frempong; 2nd Defendant (disjoined): Agyei Frempong
Court
ghadc
Jurisdiction
Ghana
Judgment Date
28 February 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Tenancy in Common, Inheritance, Ejectment, Family Property
Source Language
en
Property Law Succession Law Tenancy in Common Inheritance Ejectment Family Property

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Parties

Robert Danso

Plaintiff

Otibu Frempong

Defendant

Agyei Frempong

2nd Defendant (disjoined)

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiff has a claim against Defendant regarding occupation and use of inherited property

Ratio Decidendi

Plaintiff and his siblings inherited the property as tenants in common; Defendant, as heir of a co-owner, has a legitimate interest and cannot be ejected by Plaintiff alone. Plaintiff failed to prove exclusive entitlement or right to eject Defendant.

Court Disposition

Plaintiff's claim dismissed