ACHIAA VRS AGYEIWAA (A1/16/2024) [2024] GHADC 365 (24 July 2024)

ACHIAA VRS AGYEIWAA (A1/16/2024) [2024] GHADC 365 (24 July 2024)

The statutory declaration executed by Defendant transferred the entirety of the disputed land to Plaintiff, and Defendant failed to provide credible evidence to prove only a half-plot was transferred. Any subsequent transfer by Defendant is void as she no longer had title to the land.

Citation
ACHIAA VRS AGYEIWAA (A1/16/2024) [2024] GHADC 365 (24 July 2024)
Parties
Plaintiff: Rosemond Achiaa; Defendant: Joyce Agyeiwaa
Court
ghadc
Jurisdiction
Ghana
Judgment Date
24 July 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action succeeds entirely.
Legal Topics
Land Ownership, Transfer of Property, Declaratory Relief, Evidentiary Burden
Source Language
eng
Property Law Civil Procedure Land Ownership Transfer of Property Declaratory Relief Evidentiary Burden

Case Brief

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Parties

Rosemond Achiaa

Plaintiff

Joyce Agyeiwaa

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the disputed land was lawfully transferred to the Plaintiff
  2. 2 Whether the Defendant could lawfully transfer the disputed land to third parties after the statutory declaration

Ratio Decidendi

The statutory declaration executed by Defendant transferred the entirety of the disputed land to Plaintiff, and Defendant failed to provide credible evidence to prove only a half-plot was transferred. Any subsequent transfer by Defendant is void as she no longer had title to the land.

Court Disposition

Plaintiff's action succeeds entirely.

Orders

  • Declaration of Plaintiff’s ownership of plot number 6 Block B revised Sector 5 situate along the Krabonso road, Kintampo by way of the usufruct therein.
  • Any purported transfer of the disputed land to any third party is declared void.