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Ghana Case Law

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Land law [2025] GHADC 201

Martey v Twum (A9/78/2021)

Martey v Twum (A9/78/2021) [2025] GHADC 201 (2 April 2025)

The Defendant failed to produce a valid, stamped written agreement proving his right to occupy the property for 15 years. The tenancy/lease agreement exhibited was inadmissible for lack of stamping. The Plaintiff's need for the property for personal use was established, and Defendant's alternative accommodation was considered. Defendant's subletting without consent further breached tenancy obligations. Plaintiff is entitled to recovery of possession, subject to valuation and compensation for Defendant's investment, and is awarded costs.

  • Ejectment
  • Tenancy agreement
  • Recovery of possession
  • Stamp duty
  • Burden of proof
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Property law NORTH EASTERN MISSION FIELD VRS ARAFAT YASSER (NR/BB/DC/A1/04/2024) [2024] GHADC 417 (2 September 2024)

NORTH EASTERN MISSION FIELD VRS ARAFAT YASSER (NR/BB/DC/A1/04/2024)

NORTH EASTERN MISSION FIELD VRS ARAFAT YASSER (NR/BB/DC/A1/04/2024) [2024] GHADC 417 (2 September 2024)

The court held that the disputed 15 plots belonged to the church, rejected the defendant’s claim to four plots, and ordered vacant possession, injunction, and costs.

  • Land ownership
  • Burden of proof
  • Counterclaim
  • Customary land law
  • Stamp duty
  • Land-ownership
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Evidence SOHIMWINYE VRS KARIM (UW/ND/DC/A1/03/2024) [2024] GHADC 428 (14 June 2024)

SOHIMWINYE VRS KARIM (UW/ND/DC/A1/03/2024)

SOHIMWINYE VRS KARIM (UW/ND/DC/A1/03/2024) [2024] GHADC 428 (14 June 2024)

The objection to the question regarding stamp duty on the power of attorney is unmeritorious because the question is factual, not legal, and the issue of admissibility was not raised at the time of tendering. The court overrules the objection as the defect is apparent and not in issue.

  • Stamp duty
  • Admissibility of documents
  • Power of attorney
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Property law BANDA VRS MENSAH (C1/12/19) [2024] GHACC 212 (5 June 2024)

BANDA VRS MENSAH (C1/12/19)

BANDA VRS MENSAH (C1/12/19) [2024] GHACC 212 (5 June 2024)

The Circuit Court found that the defendant’s construction encroached on the plaintiff’s land and granted declaration, possession, damages, injunction, and costs.

  • Land title
  • Trespass
  • Stamp duty
  • Burden of proof
  • Injunction
  • Land-title
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Land law YEBOAH RS BOAHEN & ANOR (A1/10/23) [2024] GHADC 183 (24 May 2024)

YEBOAH RS BOAHEN & ANOR (A1/10/23)

YEBOAH RS BOAHEN & ANOR (A1/10/23) [2024] GHADC 183 (24 May 2024)

The court rejected a land title claim but awarded damages for destruction of plantain after finding the first defendant cut the crop.

  • Title to land
  • Customary gifts
  • Trespass
  • Damages
  • Stamp duty
  • Land-law
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Land law SAFENU VRS GHANA HIGHWAYS AUTHORITY (NR/BB/DC/A2/17/2023) [2024] GHADC 424 (3 May 2024)

SAFENU VRS GHANA HIGHWAYS AUTHORITY (NR/BB/DC/A2/17/2023)

SAFENU VRS GHANA HIGHWAYS AUTHORITY (NR/BB/DC/A2/17/2023) [2024] GHADC 424 (3 May 2024)

Plaintiff failed to prove legal acquisition and ownership of the disputed land, which is government property. The power of attorney was invalid and unstamped, depriving the attorney of capacity to sue. Plaintiff's documents affecting land were also unstamped and inadmissible. Chiefs lacked capacity to transfer government land. Plaintiff's claim is dismissed.

  • Title to land
  • Capacity to sue
  • Admissibility of documents
  • Stamp duty
  • Power of attorney
  • Nemo dat quod non habet
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Land law ASENSO VRS OHENEWA (C11/07/23) [2024] GHAHC 9 (12 March 2024)

ASENSO VRS OHENEWA (C11/07/23)

ASENSO VRS OHENEWA (C11/07/23) [2024] GHAHC 9 (12 March 2024)

High Court appeal in a land dispute was dismissed. The court upheld the trial judgment for the respondent, finding the appellant failed to prove title on the balance of probabilities.

  • Declaration of title to land
  • Trespass
  • Counterclaim
  • Burden of proof
  • Admissibility of evidence
  • Possession
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Property law ISSIFU VRS MUNIN & 2 OTHERS (NR/BB/DC/A1/02/2023) [2024] GHADC 420 (22 February 2024)

ISSIFU VRS MUNIN & 2 OTHERS (NR/BB/DC/A1/02/2023)

ISSIFU VRS MUNIN & 2 OTHERS (NR/BB/DC/A1/02/2023) [2024] GHADC 420 (22 February 2024)

Plaintiff proved root of title and identity of land; defendants failed to establish credible evidence of legal acquisition or identifiable boundaries. Survey and locus reports confirmed plaintiff's boundaries and disproved defendants' claims. Plaintiff's attorney's capacity was valid but unstamped power of attorney was inadmissible; evidence treated as witness testimony. All exhibits from both sides were inadmissible for lack of stamping. Plaintiff's evidence outweighed defendants' and entitled him to declaration, recovery, injunction, and costs.

  • Declaration of title
  • Injunction
  • Recovery of possession
  • Capacity to sue
  • Admissibility of evidence
  • Stamp duty
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Property law Aflah Vrs Boateng [2023] GHASC 58 (22 March 2023)

Aflah Vrs Boateng

Aflah Vrs Boateng [2023] GHASC 58 (22 March 2023)

The Supreme Court dismissed an appeal over title to land at Odorkor, restoring the High Court judgment for the respondent and upholding his title and possession.

  • Title to land
  • Adverse possession
  • Stamp duty
  • Capacity to sue
  • Limitation of actions
  • Land-title
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Land law Awuku Vrs Kofi Ii and Another [2023] GHADC 186 (28 February 2023)

Awuku Vrs Kofi Ii and Another

Awuku Vrs Kofi Ii and Another [2023] GHADC 186 (28 February 2023)

Trial court dismissed competing land-title claims because both sides relied on unregistered documents and failed to prove the boundaries of the disputed land.

  • Declaration of title
  • Recovery of possession
  • Stamp duty
  • Registration of instruments
  • Burden of proof
  • Land-title
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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.