OWUSU & anor vrs MAPUTO & 3 ors [2025] GHASC 1 (29 January 2025)

OWUSU & anor vrs MAPUTO & 3 ors [2025] GHASC 1 (29 January 2025)

The plaintiffs failed to prove the identity of the land they claimed as required by law; their primary documents (allocation note and will) did not describe the land, and the lease was procured during litigation and found to be fraudulent. The defendants, being in possession and having allocation notes and receipts, established a better claim. The Court of Appeal's reliance on the second notice of appeal did not occasion a miscarriage of justice as both notices contained the omnibus ground. The Supreme Court dismissed the appeal and affirmed the Court of Appeal's decision.

Citation
[2025] GHASC 1
Parties
Plaintiff/appellant: Kofi Owusu; Plaintiff/appellant: Kwasi Gyaminin; Defendant/respondent: Jesse Maputo (per his lawful attorney Dwumah Ofori Kwame); Defendant/respondent: Isaac Emmison; Defendant/respondent: Yaa Amoakoa; Defendant/respondent: Nana Kwadwo Gyamfi; Defendant/respondent: Nana Osei Kuffuor
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 January 2025
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; Court of Appeal judgment affirmed (majority).
Legal Topics
Title to Land, Identity of Land, Burden of Proof, Withdrawal of Appeal, Fraud, Possession, Counterclaim, Estoppel, Laches and Acquiescence
Source Language
English
Land Law Civil Procedure Title to Land Identity of Land Burden of Proof Withdrawal of Appeal Fraud Possession +3 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 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kofi Owusu

Plaintiff/appellant

Kwasi Gyaminin

Plaintiff/appellant

Jesse Maputo (per his lawful attorney Dwumah Ofori Kwame)

Defendant/respondent

Isaac Emmison

Defendant/respondent

Yaa Amoakoa

Defendant/respondent

Nana Kwadwo Gyamfi

Defendant/respondent

Nana Osei Kuffuor

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs established the identity and title to the disputed land
  2. 2 Whether the Court of Appeal erred in relying on a second notice of appeal
  3. 3 Whether the defendants proved their counterclaim to the land

Ratio Decidendi

The plaintiffs failed to prove the identity of the land they claimed as required by law; their primary documents (allocation note and will) did not describe the land, and the lease was procured during litigation and found to be fraudulent. The defendants, being in possession and having allocation notes and receipts, established a better claim. The Court of Appeal's reliance on the second notice of appeal did not occasion a miscarriage of justice as both notices contained the omnibus ground. The Supreme Court dismissed the appeal and affirmed the Court of Appeal's decision.

Court Disposition

Appeal dismissed; Court of Appeal judgment affirmed (majority).

Orders

  • Plaintiffs' appeal is dismissed in its entirety.
  • Judgment of the Court of Appeal delivered on 22nd June 2023 is affirmed.