Oyibi and Others Vrs Borteley and Others [2022] GHAHC 40 (12 December 2022)

Oyibi and Others Vrs Borteley and Others [2022] GHAHC 40 (12 December 2022)

The plaintiffs failed to prove ownership of the property by credible evidence. The evidence favored the defendants' family as the rightful owners. The counterclaim by the defendants was properly within the exceptions to the rule on capacity to sue for family property. The trial court's findings were supported by the record and not against the weight of evidence.

Citation
[2022] GHAHC 40
Parties
Plaintiff/appellant: Abena Oyibi; Plaintiff/appellant: Ama Adoma; Plaintiff/appellant: Ebus. Kwesi Borstie; Defendant/respondent: Elizabeth Borteley; Defendant/respondent: Kwame Kwansah; Defendant/respondent: Kweku Kakra
Court
High Court
Jurisdiction
Ghana
Judgment Date
12 December 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed; judgment of trial court affirmed
Legal Topics
Title to Land, Family Property, Capacity to Sue, Counterclaim, Burden of Proof
Source Language
English
Land Law Family Law Title to Land Family Property Capacity to Sue Counterclaim Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Abena Oyibi

Plaintiff/appellant

Ama Adoma

Plaintiff/appellant

Ebus. Kwesi Borstie

Plaintiff/appellant

Elizabeth Borteley

Defendant/respondent

Kwame Kwansah

Defendant/respondent

Kweku Kakra

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judgment of the trial court was against the weight of evidence
  2. 2 Whether the parties had capacity to sue or counterclaim for family property
  3. 3 Whether the property in dispute belonged to the plaintiffs or the defendants' family

Ratio Decidendi

The plaintiffs failed to prove ownership of the property by credible evidence. The evidence favored the defendants' family as the rightful owners. The counterclaim by the defendants was properly within the exceptions to the rule on capacity to sue for family property. The trial court's findings were supported by the record and not against the weight of evidence.

Court Disposition

appeal dismissed; judgment of trial court affirmed

Orders

  • Appeal dismissed
  • Judgment of trial court affirmed