SACKEY VRS AGO & 2 OTHERS (H1/51/2020) [2021] GHACA 21 (16 December 2021)

SACKEY VRS AGO & 2 OTHERS (H1/51/2020) [2021] GHACA 21 (16 December 2021)

The appellate court found that the land in dispute is part of Frafraha lands vested in the Agbawe Family, as established by the Supreme Court in Nartey v. Mechanical Lloyd and other judgments. The appellant established the identity and possession of the land, and the respondents' claim based on Land Certificate No. GA 12050 failed as the certificate was irregularly issued and withdrawn. The trial court erred in granting the respondents title to the undeveloped portion and in holding that the appellant had no legal interest. Judgment was entered for the appellant for the whole land claimed.

Citation
[2021] GHACA 21
Parties
Plaintiff/appellant: Samuel Adjin Sackey; 1st Defendant/respondent: Samuel Adjei Ago; 2nd Defendant/respondent: Andrews Tetteh Akuetteh; 3rd Defendant/respondent: William Adjei Tawiah
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
16 December 2021
Case Number
H1/51/2020
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court (land Division)
Outcome
Appeal allowed; judgment of High Court reversed; judgment entered for appellant.
Legal Topics
Declaration of Title to Land, Recovery of Possession, Damages for Trespass, Land Title Certificate Cancellation, Perpetual Injunction
Source Language
English
Land Law Civil Procedure Declaration of Title to Land Recovery of Possession Damages for Trespass Land Title Certificate Cancellation Perpetual Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Samuel Adjin Sackey

Plaintiff/appellant

Samuel Adjei Ago

1st Defendant/respondent

Andrews Tetteh Akuetteh

2nd Defendant/respondent

William Adjei Tawiah

3rd Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court (land Division)

Legal Issues

  1. 1 Whether the land in dispute forms part of the Agbawe family of Frafraha or the Adjei Kwashie, Adjei Kpabi and Sowah Kotia families
  2. 2 Whether the plaintiff/appellant has been in possession of the land since 1983
  3. 3 Whether Land Certificate No. GA 12050 was irregularly and wrongly issued

Ratio Decidendi

The appellate court found that the land in dispute is part of Frafraha lands vested in the Agbawe Family, as established by the Supreme Court in Nartey v. Mechanical Lloyd and other judgments. The appellant established the identity and possession of the land, and the respondents' claim based on Land Certificate No. GA 12050 failed as the certificate was irregularly issued and withdrawn. The trial court erred in granting the respondents title to the undeveloped portion and in holding that the appellant had no legal interest. Judgment was entered for the appellant for the whole land claimed.

Court Disposition

Appeal allowed; judgment of High Court reversed; judgment entered for appellant.

Orders

  • Declaration of title to land situate and lying at New Frafraha, Accra as described in the writ of summons
  • Recovery of possession of the said parcel of land