Yankson Vrs Atta [2022] GHAHC 44 (30 November 2022)

Yankson Vrs Atta [2022] GHAHC 44 (30 November 2022)

Plaintiff established by a preponderance of probabilities that he acquired the land from the Defendant's family, received valid documentation, and the Defendant, as successor, cannot re-alienate the land to third parties as the family has no further interest to convey.

Citation
Yankson Vrs Atta [2022] GHAHC 44 (30 November 2022)
Parties
Plaintiff: Victor Yankson; Defendant: Ebusuapanyin Kweku Atta
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Family Land Alienation, Burden of Proof
Source Language
eng
Land Law Declaration of Title Recovery of Possession Perpetual Injunction Family Land Alienation Burden of Proof

Case Brief

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Parties

Victor Yankson

Plaintiff

Ebusuapanyin Kweku Atta

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to his claims
  2. 2 Whether Defendant and his predecessors had transferred the interest in the land in dispute to Plaintiff and cannot re-alienate same to third parties

Ratio Decidendi

Plaintiff established by a preponderance of probabilities that he acquired the land from the Defendant's family, received valid documentation, and the Defendant, as successor, cannot re-alienate the land to third parties as the family has no further interest to convey.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title to the land in favour of Plaintiff
  • Recovery of possession to Plaintiff