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Ghana decisions
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Sambare v Boakye (A9/29/24) [2025] GHADC 135 (19 May 2025)
District Court held the plaintiff proved ownership and the defendant’s tenancy, ordered ejectment from the premises, but refused rent arrears for the full period claimed.
BAAKO VRS. FOBI (LS/232/98) [2024] GHAHC 181 (15 March 2024)
The High Court held that property acquired in the plaintiff’s name was protected by the presumption of advancement, defeating the defendant’s devise under the will.
ABAIDOO VRS AWOTWE & 2 OTHERS (E1/6/2017) [2024] GHAHC 81 (30 January 2024)
The High Court dismissed an interpleader claim over disputed land, holding that the claimant failed to prove ownership and could not use the proceeding to attack a prior judgment.
The Republic Vrs Agbanyo [2023] GHACC 392 (18 July 2023)
Ownership of the land and cocoa trees was in dispute and subject to pending civil litigation; criminal liability for unlawful damage cannot be established where ownership is not proven beyond reasonable doubt.
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The Republic Vrs Twum [2023] GHADC 112 (17 April 2023)
The accused was found guilty because he intentionally and unlawfully destroyed economic trees on land he could not prove ownership of, and his evidence of ownership was found to be contradictory and unreliable. The prosecution proved all elements of the offence beyond a reasonable doubt.
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Asmah Vrs Fobi [2023] GHADC 488 (17 March 2023)
The plaintiff failed to prove ownership of the land or the existence of a landlord-tenant relationship, and the court's independent evidence established the land is a reserved area for future road construction, not belonging to the plaintiff.
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Ezeanya Vrs Eze Akachukwu Temple [2023] GHAHC 24 (16 January 2023)
The 1st Claimant failed to establish legal interest in the attached property because the deed of assignment relied upon was not stamped as required by law, rendering it inadmissible. Without admissible evidence of ownership, the claim could not succeed.
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Kwame Apemasu -vrs-lydia Adomah Sub. By Yaa Agyeiwaa [2022] GHACA 49 (28 November 2022)
The Plaintiff successfully rebutted the presumption of ownership in favour of the Defendant by providing compelling oral evidence from the grantor, caretaker, and other witnesses that she acquired the land and funded the construction, despite the documents being in the Defendant's name. The principle of resulting trust applied, and the trial judge's findings were supported by the weight of evidence.
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DZAMESI VRS BAGINI AND ANOTHER (A1/10/2021) [2022] GHADC 422 (28 November 2022)
The court upheld the Plaintiff’s prior purchase of disputed land at Agbozume, declared her title, and restrained the Defendants from dealing with it.
Samuel Kwasi Dwamena Vrs Alex Ndede [2022] GHACC 48 (16 November 2022)
Given the conflicting claims of ownership and the evidence that the applicant's land certificate does not cover the entire disputed land, the interests of justice require preservation of the status quo ante. Both parties are restrained from dealing with the land until final determination to avoid irreparable harm and multiplicity of suits.
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