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HENRY KWESI DZEKLO VS JOHN KOKOROKO

2024

HIGH COURT

GHANA

CORAM

  • CHARITY A. ASEM (MRS) J.

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

This High Court land title dispute from Sokode-Etoe near Ho involves Henry Kwasi Dzeklo, who bought approximately 12.3 acres from Kosi Misroame, with documentation later executed by the Kokoroko family head, Patrick Kwaku Kokoroko. Patrick asserted that about 4.88 acres overlapped another owners property, carved that portion out, and then resold the same 4.88 acres to Dzeklo, issuing a receipt and a deed of variation. Dzeklo farmed the land, but when Patrick denied access, he reported to police and went to family arbitration; only one acre was offered. After Patricks death, the new family head (defendant) similarly denied access and sought a resale. Applying burden-of-proof principles and Ghanaian precedents, the court found Patricks conduct fraudulent, held the 4.88 acres still formed part of the original grant, bound the successor head to predecessor liabilities, granted Dzeklos declarations, possession, and injunction, and awarded costs.

JUDGMENT