Chantey Vrs Kweinor [2020] GHASC 120 (20 May 2020)

Chantey Vrs Kweinor [2020] GHASC 120 (20 May 2020)

The appellant is estopped per rem judicatam from relitigating title to the Terkpenya lands, as the issue was conclusively determined against his family in previous litigation, and the identity of the land was not in dispute. The appeal has no merit and is dismissed.

Source-derived case information.

Citation
[2020] GHASC 120
Parties
Plaintiff/respondent/respondent: Anyetey Chantey; Defendant/appellant/appellant: Tei Kwablah Kweinor
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 May 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Estoppel Per Rem Judicatam, Title to Land, Capacity to Sue, Counterclaim, Identity of Land, Res Judicata
Source Language
english
Land Law Civil Procedure Estoppel Per Rem Judicatam Title to Land Capacity to Sue Counterclaim Identity of Land Res Judicata

Source-derived case record

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anyetey Chantey

Plaintiff/respondent/respondent

Tei Kwablah Kweinor

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the identity, extent and size of the land was in issue
  2. 2 Whether the judgment in Ameoda v Pordier and Ameoda v Forzi & Ors operates as estoppel per rem judicatam against the appellant
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The appellant is estopped per rem judicatam from relitigating title to the Terkpenya lands, as the issue was conclusively determined against his family in previous litigation, and the identity of the land was not in dispute. The appeal has no merit and is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal and trial High Court affirmed
  • Appellant's appeal dismissed as lacking merit