ADIGLER VRS ADIGLER (A1/27/2022) [2024] GHADC 323 (11 June 2024)

ADIGLER VRS ADIGLER (A1/27/2022) [2024] GHADC 323 (11 June 2024)

Plaintiffs failed to prove exclusive ownership of the disputed land; evidence and prior judgments establish Bosomprah family as allodial owners. Plaintiffs possess possessory rights but not title. Defendants' counterclaim for declaration of title succeeds; Plaintiffs' claims dismissed for lack of merit.

Citation
ADIGLER VRS ADIGLER (A1/27/2022) [2024] GHADC 323 (11 June 2024)
Parties
Plaintiff: Victor Adigler; Plaintiff: Moses Adigler; Plaintiff: Emmanuel Adigler; Plaintiff: Peter Adigler; Defendant: John Adigler; Defendant: Brother Bosomprah; Defendant: Dotse Nuade; Defendant: Gideon Aguadze Ladzagla
Court
ghadc
Jurisdiction
Ghana
Judgment Date
11 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Plaintiffs' claims dismissed; Defendants' counterclaim granted.
Legal Topics
Declaration of Title, Injunction, Possession, Counterclaim, Burden of Proof, Customary Pledge, License, Estoppel, Res Judicata
Source Language
eng
Land Law Customary Law Civil Procedure Declaration of Title Injunction Possession Counterclaim Burden of Proof +4 more

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Parties

Victor Adigler

Plaintiff

Moses Adigler

Plaintiff

Emmanuel Adigler

Plaintiff

Peter Adigler

Plaintiff

John Adigler

Defendant

Brother Bosomprah

Defendant

Dotse Nuade

Defendant

Gideon Aguadze Ladzagla

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the subject land was founded by the Adigler or Bosomprah family
  2. 2 Whether Plaintiffs are entitled to their reliefs
  3. 3 Whether Defendants are entitled to their counterclaim

Ratio Decidendi

Plaintiffs failed to prove exclusive ownership of the disputed land; evidence and prior judgments establish Bosomprah family as allodial owners. Plaintiffs possess possessory rights but not title. Defendants' counterclaim for declaration of title succeeds; Plaintiffs' claims dismissed for lack of merit.

Court Disposition

Plaintiffs' claims dismissed; Defendants' counterclaim granted.

Orders

  • Judgment for Defendants; declaration of title in favour of Bosomprah family.
  • Costs of Five Thousand Ghana Cedis (GH₵5,000.00) awarded against Plaintiffs.