SULEMAN & ANOTHER VRS SULEMAN & ANOTHER (UW/WA/DC/A1/18/2021.) [2024] GHADC 432 (29 February 2024)

SULEMAN & ANOTHER VRS SULEMAN & ANOTHER (UW/WA/DC/A1/18/2021.) [2024] GHADC 432 (29 February 2024)

Plaintiffs failed to prove title to the disputed land as their documents were not issued by the Famina Family, their alleged grantor had no capacity, and they failed to join or call the grantor as a witness. Defendants, on the other hand, established title through authentic documents from the Famina Family, corroborated by family members and consistent possession. The balance of probabilities favoured the defendants, entitling them to their counterclaim.

Citation
SULEMAN & ANOTHER VRS SULEMAN & ANOTHER (UW/WA/DC/A1/18/2021.) [2024] GHADC 432 (29 February 2024)
Parties
Plaintiff: Salimata Suleman; Plaintiff: Abdul Aziz Suleman; Defendant: Osman Adams; Defendant: Bawa Abiba
Court
ghadc
Jurisdiction
Ghana
Judgment Date
29 February 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiffs' claim dismissed; judgment for defendants on counterclaim.
Legal Topics
Title to Land, Trespass, Counterclaim, Customary Law, Burden of Proof
Source Language
eng
Property Law Civil Procedure Title to Land Trespass Counterclaim Customary Law Burden of Proof

Case Brief

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Parties

Salimata Suleman

Plaintiff

Abdul Aziz Suleman

Plaintiff

Osman Adams

Defendant

Bawa Abiba

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to their claim for declaration of title, recovery of possession, and related reliefs over the disputed land.
  2. 2 Whether defendants are entitled to their counterclaim for declaration of title, injunction, damages, and costs.

Ratio Decidendi

Plaintiffs failed to prove title to the disputed land as their documents were not issued by the Famina Family, their alleged grantor had no capacity, and they failed to join or call the grantor as a witness. Defendants, on the other hand, established title through authentic documents from the Famina Family, corroborated by family members and consistent possession. The balance of probabilities favoured the defendants, entitling them to their counterclaim.

Court Disposition

Plaintiffs' claim dismissed; judgment for defendants on counterclaim.

Orders

  • Declaration of title to the disputed land in favour of defendants.
  • Perpetual injunction restraining plaintiffs from interfering with the land.