Gyadudat Company Ltd Vrs Botchway & Anor [2022] GHASC 52 (6 July 2022)

Gyadudat Company Ltd Vrs Botchway & Anor [2022] GHASC 52 (6 July 2022)

The Plaintiff's grantor, the Osu Stool, had no title to the disputed land at the time of the purported conveyance, as the land had been compulsorily acquired by the Government of Ghana in 1946. The Plaintiff therefore acquired no valid title. The Lands Commission's grant to the 2nd Defendant was lawful, and the courts below properly evaluated the evidence and applied the law. The appeal fails on all grounds.

Citation
[2022] GHASC 52
Parties
Plaintiff/appellant/appellant: Gyadudat Company Ltd.; Defendant/respondent/respondent: Albert Okpoti Botchway; Defendant/respondent/respondent: C. A. Steel Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 July 2022
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Title to Land, Nemo Dat Quod Non Habet, Burden of Proof, Injunctions, Appeals
Source Language
English
Land Law Civil Procedure Title to Land Nemo Dat Quod Non Habet Burden of Proof Injunctions Appeals

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 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Gyadudat Company Ltd.

Plaintiff/appellant/appellant

Albert Okpoti Botchway

Defendant/respondent/respondent

C. A. Steel Limited

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff had valid title to the disputed land at South Legon, Accra
  2. 2 Whether the trial and appellate courts properly evaluated the evidence and applied the law
  3. 3 Whether the grant of the disputed land by the Lands Commission to the 2nd Defendant during pending litigation was lawful

Ratio Decidendi

The Plaintiff's grantor, the Osu Stool, had no title to the disputed land at the time of the purported conveyance, as the land had been compulsorily acquired by the Government of Ghana in 1946. The Plaintiff therefore acquired no valid title. The Lands Commission's grant to the 2nd Defendant was lawful, and the courts below properly evaluated the evidence and applied the law. The appeal fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Judgment of the Court of Appeal and High Court affirmed