Okraku and Another Vrs Asare and Another [2022] GHAHC 5 (23 November 2022)

Okraku and Another Vrs Asare and Another [2022] GHAHC 5 (23 November 2022)

Plaintiffs failed to prove the root of title from Nii Adja Kwao II or James Town Stool to Joseph George Sackey, and thus to the deceased. The Gbawe Kwartei family was established as the allodial owner, and 1st Defendant's title derived from them is valid. Plaintiffs did not discharge the burden of proof, and their action fails.

Citation
[2022] GHAHC 5
Parties
Plaintiff: Rose Okraku; Plaintiff: Martha Ribeiro; 1st Defendant: Ebenezer Asare; 2nd Defendant: Lands Commission
Court
High Court
Jurisdiction
Ghana
Judgment Date
23 November 2022
Procedural Posture
Land Dispute / Judgment
Outcome
Plaintiffs' action dismissed with costs
Legal Topics
Title to Land, Burden of Proof, Trespass, Administration of Estates
Source Language
English
Land Law Evidence Title to Land Burden of Proof Trespass Administration of Estates

Case Brief

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Parties

Rose Okraku

Plaintiff

Martha Ribeiro

Plaintiff

Ebenezer Asare

1st Defendant

Lands Commission

2nd Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether Plaintiffs are lawful administrators of the deceased's estate
  2. 2 Whether the deceased was the lawful owner of the land in dispute
  3. 3 Whether the deceased conveyed part of his property and retained the land in dispute

Ratio Decidendi

Plaintiffs failed to prove the root of title from Nii Adja Kwao II or James Town Stool to Joseph George Sackey, and thus to the deceased. The Gbawe Kwartei family was established as the allodial owner, and 1st Defendant's title derived from them is valid. Plaintiffs did not discharge the burden of proof, and their action fails.

Court Disposition

Plaintiffs' action dismissed with costs

Orders

  • Plaintiffs' suit dismissed in its entirety
  • Costs of GH¢40,000.00 awarded against Plaintiffs in favour of Defendants