Ababio and Another Vrs Adusei [2018] GHASC 19 (14 March 2018)

Ababio and Another Vrs Adusei [2018] GHASC 19 (14 March 2018)

The plaintiffs' evidence was inconsistent with their pleadings, while the defendant's evidence was consistent and supported by long, undisturbed possession. The Court of Appeal was justified in re-evaluating the evidence and preferring the defendant's case. The defendant proved his entitlement to the property by possession and credible evidence, and the plaintiffs failed to prove a better title.

Citation
[2018] GHASC 19
Parties
Plaintiff/respondent/appellant: Opanin Nantwi Ababio; Plaintiff/respondent/appellant: Francis Manu Boateng; Defendant/appellant/respondent: Pastor Nana Adusei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 March 2018
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
appeal dismissed
Legal Topics
Title to Land, Pleadings, Burden of Proof, Appellate Review, Counterclaim, Long Possession
Source Language
English
Property Law Civil Procedure Title to Land Pleadings Burden of Proof Appellate Review Counterclaim Long Possession

Case Brief

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Parties

Opanin Nantwi Ababio

Plaintiff/respondent/appellant

Francis Manu Boateng

Plaintiff/respondent/appellant

Pastor Nana Adusei

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Who is the rightful owner of H/No, Plot 23 Block IX A, Dadiesoaba, Asafo, Kumasi?
  2. 2 Did the Court of Appeal err in overturning the trial court's findings?
  3. 3 Did the plaintiffs prove their case as pleaded?

Ratio Decidendi

The plaintiffs' evidence was inconsistent with their pleadings, while the defendant's evidence was consistent and supported by long, undisturbed possession. The Court of Appeal was justified in re-evaluating the evidence and preferring the defendant's case. The defendant proved his entitlement to the property by possession and credible evidence, and the plaintiffs failed to prove a better title.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed.
  • Ownership of H/No, Plot 23 Block IX A, Dadiesoaba, Asafo, Kumasi, confirmed in favour of the defendant.