Donkor Vrs Abadio [2023] GHADC 170 (2 June 2023)

Donkor Vrs Abadio [2023] GHADC 170 (2 June 2023)

The plaintiff failed to prove her root of title or the identity of the disputed land, did not substantiate the alleged gift, and did not challenge the defendant’s possession or sale during the lifetime of the vendor. The defendant’s evidence of purchase, possession, and corroboration by witnesses was unchallenged. The burden of proof was not discharged by the plaintiff, so her claims fail.

Citation
[2023] GHADC 170
Parties
Plaintiff: Yaa Donkor; Defendant: Ababio (Dery Abraham)
Court
District Court
Jurisdiction
Ghana
Judgment Date
2 June 2023
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's case dismissed
Legal Topics
Declaration of Title, Recovery of Possession, Trespass, Injunction, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title Recovery of Possession Trespass Injunction Burden of Proof

Case Brief

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Parties

Yaa Donkor

Plaintiff

Ababio (Dery Abraham)

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the disputed land was gifted to the plaintiff and her children
  2. 2 Whether the land is the property of the plaintiff
  3. 3 Whether the plaintiff has any title to the land

Ratio Decidendi

The plaintiff failed to prove her root of title or the identity of the disputed land, did not substantiate the alleged gift, and did not challenge the defendant’s possession or sale during the lifetime of the vendor. The defendant’s evidence of purchase, possession, and corroboration by witnesses was unchallenged. The burden of proof was not discharged by the plaintiff, so her claims fail.

Court Disposition

Plaintiff's case dismissed

Orders

  • Plaintiff’s claims dismissed in entirety
  • Plaintiff to pay costs of Gh₵800.00 to defendant