Anim Vrs Dzandzi [2019] GHASC 48 (6 June 2019)

Anim Vrs Dzandzi [2019] GHASC 48 (6 June 2019)

The plaintiff acquired the land in 1989, was in possession before the defendant, and the In Re Ashalley Botwe case did not extinguish her interest as she was a prior purchaser. The defendant’s assignment was incomplete and invalid. The Court of Appeal was correct in reversing the High Court and granting judgment to the plaintiff.

Citation
[2019] GHASC 48
Parties
Plaintiff/appellant/respondent: Olivia Anim (suing per her lawful attorney Diana Mensah Bonsu); Defendant/respondent/appellant: William Dzandzi
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 June 2019
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed; judgment of Court of Appeal affirmed in favour of plaintiff.
Legal Topics
Declaration of Title to Land, Perpetual Injunction, Recovery of Possession, Trespass, Estoppel Per Rem Judicatam, Priority of Interests, Due Diligence in Land Transactions
Source Language
English
Land Law Property Law Declaration of Title to Land Perpetual Injunction Recovery of Possession Trespass Estoppel Per Rem Judicatam Priority of Interests +1 more

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Parties

Olivia Anim (suing per her lawful attorney Diana Mensah Bonsu)

Plaintiff/appellant/respondent

William Dzandzi

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the plaintiff acquired valid title to the disputed land
  2. 2 Whether the Court of Appeal erred in reversing the High Court decision
  3. 3 Whether the In Re Ashalley Botwe case extinguished plaintiff’s interest

Ratio Decidendi

The plaintiff acquired the land in 1989, was in possession before the defendant, and the In Re Ashalley Botwe case did not extinguish her interest as she was a prior purchaser. The defendant’s assignment was incomplete and invalid. The Court of Appeal was correct in reversing the High Court and granting judgment to the plaintiff.

Court Disposition

Appeal dismissed; judgment of Court of Appeal affirmed in favour of plaintiff.

Orders

  • Declaration of title to the disputed land in favour of the plaintiff
  • Perpetual injunction restraining the defendant from dealing with the land