Ohemeng Vrs Anthony and Another [2022] GHADC 258 (18 October 2022)

Ohemeng Vrs Anthony and Another [2022] GHADC 258 (18 October 2022)

Plaintiff failed to prove entitlement to the stool or the reliefs sought, as no successor to the Twafohene's stool had been elected and Plaintiff's claim to succession was unsubstantiated. The evidence showed Plaintiff was not entitled to the proceeds or possession of the farm.

Citation
[2022] GHADC 258
Parties
Plaintiff: Yaw Ohemeng; 1st Defendant: Akwasi Anthony; 2nd Defendant: Samuel Boakye Dankwah
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 October 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's application dismissed
Legal Topics
Stool Land Ownership, Account for Proceeds, Eviction, Injunction, Family Succession
Source Language
English
Land Law Succession Stool Land Ownership Account for Proceeds Eviction Injunction Family Succession

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Parties

Yaw Ohemeng

Plaintiff

Akwasi Anthony

1st Defendant

Samuel Boakye Dankwah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to account for proceeds from the cocoa farm
  2. 2 Whether Plaintiff is entitled to eviction of Defendants from the farm
  3. 3 Whether Plaintiff is entitled to a perpetual injunction against Defendants

Ratio Decidendi

Plaintiff failed to prove entitlement to the stool or the reliefs sought, as no successor to the Twafohene's stool had been elected and Plaintiff's claim to succession was unsubstantiated. The evidence showed Plaintiff was not entitled to the proceeds or possession of the farm.

Court Disposition

Plaintiff's application dismissed