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MADAM CHRISTIANA BORKOR BORTEY VS MADAM MANANG ALAVANYO

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE ANTHONY OPPONG

Areas of Law

  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

The case revolves around a land dispute between the Plaintiff and Defendant. The Plaintiff claimed ownership of land purchased from Samuel Alabi Bortey, the Defendant's brother, in 1985. The Defendant contested this sale, arguing that her brother had no right to sell her portion of inherited land. The court found that the Plaintiff had valid ownership of the 0.40-acre plot originally sold to her, as evidenced by a registered document. However, the court ruled that the Plaintiff was not entitled to an additional portion of land (0.186 acres) that she had attempted to claim. The court dismissed the Defendant's counterclaim that the original sale was null and void, citing the lack of evidence that the Plaintiff was aware of any fraud at the time of purchase. The court emphasized the importance of registered sale documents, possession as evidence of ownership, and the principle of not allowing unjust enrichment through land appropriation. The Plaintiff's claims for injunction and damages were refused, and the Defendant's counterclaim was dismissed. Costs were awarded to the Plaintiff.

JUDGMENT