KIDIDAN VRS KUNO (NR/DC/WUL/A1/3/24) [2024] GHADC 455 (16 September 2024)

KIDIDAN VRS KUNO (NR/DC/WUL/A1/3/24) [2024] GHADC 455 (16 September 2024)

The Plaintiff was adjudged owner of the disputed farmland by valid customary arbitration before the Chief of Balai in 2019. Both parties trace their root of title to the Balai Skin, and the Chief of Balai is the allodial owner. The Defendant disagreed with the outcome and reported to the Konkomba Chief, whose determination is void as he has no ownership rights. The Defendant is estopped from claiming ownership. The Plaintiff succeeds on all claims.

Citation
KIDIDAN VRS KUNO (NR/DC/WUL/A1/3/24) [2024] GHADC 455 (16 September 2024)
Parties
Plaintiff: Wunabori Kididan; Defendant: Nkalbu Kuno; Defendant's Lawful Attorney: Nkalbu Kumecher
Court
ghadc
Jurisdiction
Ghana
Judgment Date
16 September 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Customary Arbitration, Estoppel, Land Ownership, Trespass
Source Language
eng
Property Law Customary Law Customary Arbitration Estoppel Land Ownership Trespass

Case Brief

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Parties

Wunabori Kididan

Plaintiff

Nkalbu Kuno

Defendant

Nkalbu Kumecher

Defendant's Lawful Attorney

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff was adjudged owner of the disputed farmland at customary arbitration by the Chief of Balai
  2. 2 Whether the Defendant was adjudged owner of the disputed farmland at customary arbitration by the Chief of Balai and the Konkomba Chief
  3. 3 Whether the disputed farmland was granted to the Plaintiff's family by Nana Agyei Kasta

Ratio Decidendi

The Plaintiff was adjudged owner of the disputed farmland by valid customary arbitration before the Chief of Balai in 2019. Both parties trace their root of title to the Balai Skin, and the Chief of Balai is the allodial owner. The Defendant disagreed with the outcome and reported to the Konkomba Chief, whose determination is void as he has no ownership rights. The Defendant is estopped from claiming ownership. The Plaintiff succeeds on all claims.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title and ownership of the disputed farmland in favour of Plaintiff
  • Recovery of the disputed farmland by Plaintiff