AMOANI AND ANOTHER VRS BOATENG AND THREE OTHER (A1/17/2022) [2024] GHADC 293 (30 July 2024)

AMOANI AND ANOTHER VRS BOATENG AND THREE OTHER (A1/17/2022) [2024] GHADC 293 (30 July 2024)

The Plaintiffs established a valid equitable interest in Plot Number 7, Nyinatase, Ejisu/Ashanti, through a proper chain of title from the Boafo-Akwaboah Stool via McKeown Investment Company Limited. The Defendants failed to prove that McKeown exceeded the 8.81 acres granted or that the disputed plot was lawfully recovered. The subsequent sale of the same land by the Stool to the 3rd Defendant was invalid under the nemo dat quod non habet principle. Plaintiffs have both cause of action and capacity to sue, and are entitled to all reliefs claimed.

Citation
AMOANI AND ANOTHER VRS BOATENG AND THREE OTHER (A1/17/2022) [2024] GHADC 293 (30 July 2024)
Parties
Plaintiff: Solomon Amoani; Plaintiff: Bevelyn Amoani; Defendant: Abusuapanin Kwaku Boateng; Defendant: Justice Kyei Baffour; Defendant: Mrs. Belinda Oppong; Defendant: Boafo Akwaboah Stool
Court
ghadc
Jurisdiction
Ghana
Judgment Date
30 July 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiffs; Defendants' counterclaim dismissed.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Capacity to Sue, Counterclaim, Customary Grant, Nemo Dat Quod Non Habet, Burden of Proof
Source Language
eng
Land Law Property Law Customary Law Declaration of Title Recovery of Possession Perpetual Injunction Capacity to Sue Counterclaim +3 more

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Parties

Solomon Amoani

Plaintiff

Bevelyn Amoani

Plaintiff

Abusuapanin Kwaku Boateng

Defendant

Justice Kyei Baffour

Defendant

Mrs. Belinda Oppong

Defendant

Boafo Akwaboah Stool

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether Plaintiffs have a cause of action and capacity to sue Defendants
  2. 2 Whether McKeown Investment Company took 11 plots in excess of the 8.81 acres granted by the Boafo-Akwaboah Stool
  3. 3 Whether McKeown Investment Company Limited validly granted the land in dispute to the Plaintiffs

Ratio Decidendi

The Plaintiffs established a valid equitable interest in Plot Number 7, Nyinatase, Ejisu/Ashanti, through a proper chain of title from the Boafo-Akwaboah Stool via McKeown Investment Company Limited. The Defendants failed to prove that McKeown exceeded the 8.81 acres granted or that the disputed plot was lawfully recovered. The subsequent sale of the same land by the Stool to the 3rd Defendant was invalid under the nemo dat quod non habet principle. Plaintiffs have both cause of action and capacity to sue, and are entitled to all reliefs claimed.

Court Disposition

Judgment for Plaintiffs; Defendants' counterclaim dismissed.

Orders

  • Declaration of title to Plot Number 7, Nyinatase, Ejisu/Ashanti in favour of Plaintiffs.
  • Recovery of possession of Plot Number 7 from the 3rd Defendant.