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Nene Narh Adrah and Peter Ashiatey Chartey v. Apostle Sarah

2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP BARBARA TETTEH-CHARWAY (J)

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

This case involves a land dispute where the plaintiffs, representing the Nene Martey Chartey Awah Stool family of Kordiabe, sued the defendant, Apostle Sarah, for declaration of title, recovery of possession, damages for trespass, and injunction. The plaintiffs claimed ancestral ownership of the land, providing evidence of previous leasing and a deed correction that returned the land to their family. The defendant did not appear or file a defense, which led to the court deeming her to have admitted the plaintiffs' claims. However, the court emphasized that in cases seeking declaration of title, the plaintiffs still bore the burden of proving their claim. The court addressed the issue of the plaintiffs' capacity to bring the action, determining that the Nene Martey Chartey Awah Stool family and the Lekpedzedom Royal family were identical, thus granting the plaintiffs standing. After examining the evidence, the court ruled in favor of the plaintiffs, declaring the disputed land as their property, ordering its recovery, restraining the defendant from further dealings with the land, and awarding damages and costs to the plaintiffs.

JUDGMENT