Agbalagba Vrs Sualeh [2023] GHADC 445 (27 July 2023)

Agbalagba Vrs Sualeh [2023] GHADC 445 (27 July 2023)

The plaintiff, as the only surviving family member of the deceased owner within the jurisdiction, has capacity to sue. The defendant failed to prove the house was gifted to him, and his role was that of a caretaker, not an owner. The plaintiff is entitled to recovery of possession and costs.

Citation
[2023] GHADC 445
Parties
Plaintiff: Sali Agbalagba; Defendant: Asumah SualeH
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 July 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Declaration of Title, Capacity to Sue, Gift of Property, Landlord and Tenant, Recovery of Possession
Source Language
English
Property Law Declaration of Title Capacity to Sue Gift of Property Landlord and Tenant Recovery of Possession

Case Brief

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Parties

Sali Agbalagba

Plaintiff

Asumah SualeH

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has capacity to sue for declaration of title to the house
  2. 2 Whether the house in dispute was gifted to the defendant

Ratio Decidendi

The plaintiff, as the only surviving family member of the deceased owner within the jurisdiction, has capacity to sue. The defendant failed to prove the house was gifted to him, and his role was that of a caretaker, not an owner. The plaintiff is entitled to recovery of possession and costs.

Court Disposition

judgment for the plaintiff

Orders

  • Defendant to vacate the chamber and hall he occupies within three months of judgment
  • Plaintiff awarded costs of GHC1,200 against defendant