Stephen Antwi Wiredu Vrs Redeemer Suka [2022] GHACC 28 (21 December 2022)

Stephen Antwi Wiredu Vrs Redeemer Suka [2022] GHACC 28 (21 December 2022)

Both parties failed to prove legal title to the disputed area; defendant was in prior possession, but neither party established sufficient evidence for declaration of title or ancillary reliefs. Plaintiff’s claim and defendant’s counterclaim both fail.

Citation
[2022] GHACC 28
Parties
Plaintiff: Stephen Antwi Wiredu; Defendant: Redeemer Suka
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 December 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff’s claim and defendant’s counterclaim dismissed. No order as to costs.
Legal Topics
Declaration of Title, Trespass, Possession, Perpetual Injunction, Counterclaim
Source Language
English
Land Law Declaration of Title Trespass Possession Perpetual Injunction Counterclaim

Case Brief

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Parties

Stephen Antwi Wiredu

Plaintiff

Redeemer Suka

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff acquired the land in dispute from Nii Kwartey Adjan I in December 2007
  2. 2 Whether the defendant acquired his land in 2004 and was in possession before the plaintiff
  3. 3 Whether the parties are litigating over the same land or different lands

Ratio Decidendi

Both parties failed to prove legal title to the disputed area; defendant was in prior possession, but neither party established sufficient evidence for declaration of title or ancillary reliefs. Plaintiff’s claim and defendant’s counterclaim both fail.

Court Disposition

Plaintiff’s claim and defendant’s counterclaim dismissed. No order as to costs.