In The Consolidated Suits Of Akona Family Of Kwahinkrom Vrs Korsah & Anor [2022] GHASC 28 (14 December 2022)

In The Consolidated Suits Of Akona Family Of Kwahinkrom Vrs Korsah & Anor [2022] GHASC 28 (14 December 2022)

The Supreme Court held that the Akona family is the allodial owner of Abrobeano lands, and the Nsona family and Major Korsah are estopped by res judicata and by their conduct from relitigating ownership, as they were privies of the Omanhene of Komenda, who was a party in the earlier suit. The High Court erred in granting the Nsona family a customary freehold/usufructuary interest without evidence of acknowledgment of the Akona family's allodial title. The Court of Appeal was correct to overturn the High Court and grant perpetual injunction and damages in favor of the Akona family.

Citation
[2022] GHASC 28
Parties
Plaintiff/appellant/respondent: Akona Family of Kwahinkrom (per Ebusuapanyin Kwamina Ackon subst. by Opanyin Kwesi Essuon); Defendant/respondent/appellant: Major (Rtd.) Korsah; Plaintiff/respondent/appellant: Ebusuapayin Kwaw Essuon (subst. by Kwaw Arhin); Defendant/appellant/respondent: Ebusuapayin Kwamina Ackon (subst. by Opanyin Kwesi Essoun)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 December 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal, Which Had Overturned High Court Decision
Outcome
Appeal dismissed; Court of Appeal judgment affirmed.
Legal Topics
Res Judicata, Estoppel, Allodial Title, Customary Freehold, Usufructuary Interest, Land Ownership, Appeals
Source Language
English
Land Law Civil Procedure Res Judicata Estoppel Allodial Title Customary Freehold Usufructuary Interest Land Ownership +1 more

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 27 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Akona Family of Kwahinkrom (per Ebusuapanyin Kwamina Ackon subst. by Opanyin Kwesi Essuon)

Plaintiff/appellant/respondent

Major (Rtd.) Korsah

Defendant/respondent/appellant

Ebusuapayin Kwaw Essuon (subst. by Kwaw Arhin)

Plaintiff/respondent/appellant

Ebusuapayin Kwamina Ackon (subst. by Opanyin Kwesi Essoun)

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal, Which Had Overturned High Court Decision

Legal Issues

  1. 1 Whether the doctrine of res judicata applies to bar the Nsona family and Major Korsah from relitigating ownership of Abrobeano lands
  2. 2 Whether the Court of Appeal erred in overturning the High Court's findings of fact and law
  3. 3 Whether the Nsona family acquired a valid usufructuary or customary freehold interest in the disputed land

Ratio Decidendi

The Supreme Court held that the Akona family is the allodial owner of Abrobeano lands, and the Nsona family and Major Korsah are estopped by res judicata and by their conduct from relitigating ownership, as they were privies of the Omanhene of Komenda, who was a party in the earlier suit. The High Court erred in granting the Nsona family a customary freehold/usufructuary interest without evidence of acknowledgment of the Akona family's allodial title. The Court of Appeal was correct to overturn the High Court and grant perpetual injunction and damages in favor of the Akona family.

Court Disposition

Appeal dismissed; Court of Appeal judgment affirmed.

Orders

  • Akona family declared allodial owners of Abrobeano lands.
  • Perpetual injunction restraining Nsona family, Major Korsah, their privies, assigns, agents, and workmen from interfering with Akona family's control and ownership of Abrobeano lands.