ADIGLER VRS ADIGLER (A1/27/2022) [2024] GHADC 354 (11 June 2024)

ADIGLER VRS ADIGLER (A1/27/2022) [2024] GHADC 354 (11 June 2024)

Plaintiffs failed to prove allodial ownership; evidence and prior judgments show Bosomprah family as allodial owners. Plaintiffs have possessory rights but not title. Defendants' counterclaim for ownership succeeds.

Citation
ADIGLER VRS ADIGLER (A1/27/2022) [2024] GHADC 354 (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' claim dismissed; Defendants' counterclaim granted
Legal Topics
Declaration of Title, Perpetual Injunction, Counterclaim, Possessory Rights, Allodial Title, Burden of Proof, Estoppel, Customary Pledge, License
Source Language
eng
Land Law Customary Law Civil Procedure Declaration of Title Perpetual Injunction Counterclaim Possessory Rights Allodial Title +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 allodial ownership; evidence and prior judgments show Bosomprah family as allodial owners. Plaintiffs have possessory rights but not title. Defendants' counterclaim for ownership succeeds.

Court Disposition

Plaintiffs' claim dismissed; Defendants' counterclaim granted

Orders

  • Judgment for Defendants as owners of the disputed land
  • Plaintiffs to pay costs of Five Thousand Ghana Cedis (GH₵5,000.00)