Usumanu Vrs Kun-gari [2021] GHASC 166 (31 March 2021)

Usumanu Vrs Kun-gari [2021] GHASC 166 (31 March 2021)

Appellant failed to discharge the burden of proof required to establish title, mode of acquisition, and acts of possession. Documentary evidence was inconsistent and lacked credibility. Appellant had notice of prior claims and could not rely on the plea of innocent purchaser for value without notice.

Citation
[2021] GHASC 166
Parties
Plaintiff/respondent/appellant: Rukayatu Usumanu; Defendant/appellant/respondent: Zongo Naa Kun-Gari; Defendants/appellants/respondents: 2nd to 17th defendants/appellants/respondents
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 March 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Title to Land, Innocent Purchaser, Burden of Proof, Evaluation of Evidence
Source Language
English
Property Law Civil Procedure Title to Land Innocent Purchaser Burden of Proof Evaluation of Evidence

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rukayatu Usumanu

Plaintiff/respondent/appellant

Zongo Naa Kun-Gari

Defendant/appellant/respondent

2nd to 17th defendants/appellants/respondents

Defendants/appellants/respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether appellant proved her claim to title and possession of the property
  2. 2 Whether appellant can succeed as an innocent purchaser for value without notice

Ratio Decidendi

Appellant failed to discharge the burden of proof required to establish title, mode of acquisition, and acts of possession. Documentary evidence was inconsistent and lacked credibility. Appellant had notice of prior claims and could not rely on the plea of innocent purchaser for value without notice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.