Riss Henry Okaikwei -vrs- Rosina Atoh Kokor Konuah [2023] GHACA 13 (30 March 2023)

Riss Henry Okaikwei -vrs- Rosina Atoh Kokor Konuah [2023] GHACA 13 (30 March 2023)

Plaintiff failed to prove root of title and possession; Defendant established title and long possession since 1956. Limitation Act applies due to Defendant's adverse possession. Solicitor's licence irregularities did not invalidate proceedings. Fraud not proven by either party. Damages for trespass not justified as Defendant was in undisturbed possession.

Citation
Riss Henry Okaikwei -vrs- Rosina Atoh Kokor Konuah [2023] GHACA 13 (30 March 2023)
Parties
Plaintiff/appellant: Riss Henry Okaikwei; Defendant/respondent: Madam Rosina Attoh Koikor Konuah
Court
ghaca
Jurisdiction
Ghana
Judgment Date
30 March 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed except as to damages for trespass.
Legal Topics
Declaration of Title, Trespass, Limitation, Solicitor's Licence, Fraud, Survey Evidence
Source Language
eng
Property Law Civil Procedure Declaration of Title Trespass Limitation Solicitor's Licence Fraud Survey Evidence

Case Brief

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Parties

Riss Henry Okaikwei

Plaintiff/appellant

Madam Rosina Attoh Koikor Konuah

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Plaintiff/Appellant proved title to disputed land
  2. 2 Whether Defendant/Respondent proved title and possession
  3. 3 Effect of invalid solicitor's licence

Ratio Decidendi

Plaintiff failed to prove root of title and possession; Defendant established title and long possession since 1956. Limitation Act applies due to Defendant's adverse possession. Solicitor's licence irregularities did not invalidate proceedings. Fraud not proven by either party. Damages for trespass not justified as Defendant was in undisturbed possession.

Court Disposition

Appeal dismissed except as to damages for trespass.

Orders

  • Judgment of trial court affirmed except damages for trespass set aside.
  • Costs of GH¢10,000 awarded to Defendant/Respondent.