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Ghana Case Law

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Property law ASSEM VRS ABAYATEYE (A11/03/2024) [2024] GHADC 308 (11 July 2024)

ASSEM VRS ABAYATEYE (A11/03/2024)

ASSEM VRS ABAYATEYE (A11/03/2024) [2024] GHADC 308 (11 July 2024)

The District Court at Sege granted default judgment for a land buyer, ordering the defendant to prepare a deed of conveyance and to pay GHS 1,000 costs.

  • Default judgment
  • Conveyancing
  • Land sale
  • Service of process
  • Default-judgment
  • Service-of-process
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Land law AGYARE VRS SANDERS ( SUBT. BY LEGRANDE PAUL SANDERS) (J4/75/2023) [2024] GHASC 42 (22 May 2024)

AGYARE VRS SANDERS ( SUBT. BY LEGRANDE PAUL SANDERS) (J4/75/2023)

AGYARE VRS SANDERS ( SUBT. BY LEGRANDE PAUL SANDERS) (J4/75/2023) [2024] GHASC 42 (22 May 2024)

The Supreme Court dismissed an appeal in a land dispute, holding that the parties’ lands were distinct and that the earlier judgment did not bar the plaintiff’s claim.

  • Declaration of title to land
  • Recovery of possession
  • Perpetual injunction
  • Damages for trespass
  • Estoppel per res judicata
  • Conveyancing
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Property NUAMA VRS NYARKO (AR/AC/DC3/C1/08/20) [2024] GHADC 282 (31 January 2024)

NUAMA VRS NYARKO (AR/AC/DC3/C1/08/20)

NUAMA VRS NYARKO (AR/AC/DC3/C1/08/20) [2024] GHADC 282 (31 January 2024)

The District Court at Ejisu dismissed a land title claim after finding the plaintiff’s evidence unreliable and the documents supporting title defective.

  • Land title
  • Burden of proof
  • Conveyancing
  • Evidence
  • Land-title
  • Burden-of-proof
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Land law [2023] GHADC 144

John Vrs Poku

John Vrs Poku [2023] GHADC 144 (4 April 2023)

The District Court at Berekum dismissed a land-payment claim, finding the plaintiff failed to prove a sale or any debt owed by the defendant.

  • Sale of land
  • Burden of proof
  • Conveyancing
  • Contract formation
  • Land-law
  • Contract-law
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Succession [2023] GHACA 171

FYNN-SACKEY VRS OPOKU & ANOTHER (H1/218/2021)

FYNN-SACKEY VRS OPOKU & ANOTHER (H1/218/2021) [2023] GHACA 171 (19 January 2023)

The respondents failed to adduce cogent and sufficient evidence of any conduct or declarations by the late Emmanuel Fynn-Sackey before or at the time of the conveyance to rebut the presumption of advancement; therefore, the property was a gift to the appellant and does not form part of the deceased's estate.

  • Presumption of advancement
  • Gifts inter vivos
  • Burden of proof
  • Rebuttable presumption
  • Conveyancing
  • Estate administration
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Land law [2023] GHADC 85

Faustina Vrs Addae

Faustina Vrs Addae [2023] GHADC 85 (16 January 2023)

The District Court held that the defendant proved purchase of the disputed land from the plaintiff’s late father, but also found trespass beyond the land sold.

  • Declaration of title
  • Recovery of possession
  • Trespass
  • Injunction
  • Burden of proof
  • Sale of land
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Land law [2022] GHADC 203

Adatsi Vrs Hlormetsi

Adatsi Vrs Hlormetsi [2022] GHADC 203 (31 October 2022)

The District Court held that the plaintiff proved title and possession of the disputed land, rejected the fraud challenge, and voided the defendants’ later sale.

  • Declaration of title
  • Recovery of possession
  • Perpetual injunction
  • Damages for trespass
  • Family land
  • Conveyancing
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Land law [2022] GHADC 291

Adatsi Vrs Hlormetsi

Adatsi Vrs Hlormetsi [2022] GHADC 291 (31 October 2022)

The District Court at Dzodze held that the plaintiff proved title to the disputed land and granted declaration, possession, injunction, trespass damages, and costs.

  • Declaration of title
  • Recovery of possession
  • Perpetual injunction
  • Damages for trespass
  • Family land
  • Conveyancing
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Property law Santeng Vrs Acquah and Others [2020] GHASC 57 (25 November 2020)

Santeng Vrs Acquah and Others

Santeng Vrs Acquah and Others [2020] GHASC 57 (25 November 2020)

The respondent's payment of part of the purchase price and subsequent attempts to pay the balance constituted sufficient part performance to entitle him to specific performance. The appellants' failure to provide a proper indenture and subsequent fraudulent sale to the co-defendant/appellant rendered the second sale void. The co-defendant/appellant failed to prove he was a bona fide purchaser for value without notice. The appeal lacked merit and was dismissed, affirming the Court of Appeal's decision in favour of the respondent.

  • Specific performance
  • Breach of contract
  • Fraud in property transactions
  • Bona fide purchaser
  • Land sale agreements
  • Part performance
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Land law [2016] GHASC 92

Wiafe Vrs Bortey and Another

Wiafe Vrs Bortey and Another [2016] GHASC 92 (1 June 2016)

The plaintiff established a valid claim to the land by obtaining a grant from the Nungua Stool, satisfying the requirements of the Conveyancing Act, and registering his title. The 1st defendant did not have a valid contract of sale or documentation from the Nungua Stool, and her receipt lacked sufficient description to constitute a valid sale. The absence of ministerial consent and registration does not invalidate the plaintiff’s title as between the parties. The appeal is dismissed and the orders of the trial High Court are affirmed.

  • Title to land
  • Registration of land
  • Customary grants
  • Ministerial consent
  • Conveyancing
  • Priority of registration
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Ghana decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.