SULEMANA VRS IDDRISU (A1/17/24) [2024] GHADC 397 (23 July 2024)

SULEMANA VRS IDDRISU (A1/17/24) [2024] GHADC 397 (23 July 2024)

Plaintiff failed to prove fraud beyond reasonable doubt; defendant's allocation was first in time, properly endorsed, and supported by credible evidence including Land Commission records. Plaintiff's allocation is cancelled.

Citation
SULEMANA VRS IDDRISU (A1/17/24) [2024] GHADC 397 (23 July 2024)
Parties
Plaintiff: Yakubu Sulemana; Defendant: Musah Iddrisu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
judgment for defendant
Legal Topics
Declaration of Title, Recovery of Possession, Injunction, Fraud, Allocation of Land, Burden of Proof
Source Language
eng
Property Law Civil Procedure Declaration of Title Recovery of Possession Injunction Fraud Allocation of Land Burden of Proof

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Parties

Yakubu Sulemana

Plaintiff

Musah Iddrisu

Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the allocation letter of the defendant was fraudulently acquired
  2. 2 Whether the plaintiff or defendant was validly allocated the land in dispute

Ratio Decidendi

Plaintiff failed to prove fraud beyond reasonable doubt; defendant's allocation was first in time, properly endorsed, and supported by credible evidence including Land Commission records. Plaintiff's allocation is cancelled.

Court Disposition

judgment for defendant

Orders

  • Declaration of title to plot no. 9, Block B, Sagnarigu-Dungu, Dungu Residential Area, Tamale in favour of defendant
  • Defendant may recover possession of the land