MAINOO AND ANOTHER VRS. ATAA AND OTHERS (J4/27/2022) [2022] GHASC 113 (30 November 2022)

MAINOO AND ANOTHER VRS. ATAA AND OTHERS (J4/27/2022) [2022] GHASC 113 (30 November 2022)

The Supreme Court found that the plaintiffs lawfully acquired title to the property through a sale by the majority of the deceased's children, supported by documentary evidence and acts of ownership. The execution of the writ of possession was wrongful as plaintiffs were not notified, contrary to procedural rules. The Court of Appeal erred in departing from the trial court's findings, which were supported by the evidence. The appeal was allowed, the Court of Appeal judgment set aside, and the High Court judgment restored.

Citation
[2022] GHASC 113
Parties
Plaintiff/respondent/appellant: Cyril Mainoo; Plaintiff/respondent/appellant: Cymain Ghana Limited; Defendant/appellant/respondent: Ama Ataa; Defendant/appellant/respondent: Ama Pokuaa; Defendant/appellant/respondent: Efia Saa; Defendant/appellant/respondent: Nana Kunadu; Defendant/appellant/respondent: Ama Serwaa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Case Number
J4/27/2022
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored.
Legal Topics
Title to Land, Estoppel Per Rem Judicatam, Burden of Proof, Execution of Judgments, Counterclaim, Sale of Estate Property, Family Property Vs. Self Acquired Property
Source Language
English
Property Law Civil Procedure Succession Law Title to Land Estoppel Per Rem Judicatam Burden of Proof Execution of Judgments Counterclaim +2 more

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Parties

Cyril Mainoo

Plaintiff/respondent/appellant

Cymain Ghana Limited

Plaintiff/respondent/appellant

Ama Ataa

Defendant/appellant/respondent

Ama Pokuaa

Defendant/appellant/respondent

Efia Saa

Defendant/appellant/respondent

Nana Kunadu

Defendant/appellant/respondent

Ama Serwaa

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the plaintiffs lawfully acquired title to House Number 24, North Labone Housing Estate, Accra
  2. 2 Whether the execution of the writ of possession against the plaintiffs was wrongful
  3. 3 Whether the sale of the property by some of the children of the deceased was valid

Ratio Decidendi

The Supreme Court found that the plaintiffs lawfully acquired title to the property through a sale by the majority of the deceased's children, supported by documentary evidence and acts of ownership. The execution of the writ of possession was wrongful as plaintiffs were not notified, contrary to procedural rules. The Court of Appeal erred in departing from the trial court's findings, which were supported by the evidence. The appeal was allowed, the Court of Appeal judgment set aside, and the High Court judgment restored.

Court Disposition

Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored.

Orders

  • Declaration that House Number 24, North Labone Housing Estate, Accra is lawfully acquired property of plaintiffs.
  • Defendants, their assigns or privies are restrained from interfering with plaintiffs’ quiet enjoyment of the property.