Sarpor Vrs Boosomprah [2020] GHASC 66 (2 December 2020)

Sarpor Vrs Boosomprah [2020] GHASC 66 (2 December 2020)

The appellant's possession was as a caretaker and not adverse; therefore, the statute of limitation does not bar the respondent's action. The respondent proved better title to the land through documentary evidence and registration. The appeal is dismissed and the Court of Appeal's judgment is affirmed.

Citation
Sarpor Vrs Boosomprah [2020] GHASC 66 (2 December 2020)
Parties
Defendant/respondent/appellant: Binga Dugbartey Sarpor; Plaintiff/appellant/respondent: Ekow Bosomprah
Court
ghasc
Jurisdiction
Ghana
Judgment Date
2 December 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed; judgment of Court of Appeal affirmed
Legal Topics
Adverse Possession, Statute of Limitation, Declaration of Title, Injunction
Source Language
eng
Property Law Civil Procedure Adverse Possession Statute of Limitation Declaration of Title Injunction

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Parties

Binga Dugbartey Sarpor

Defendant/respondent/appellant

Ekow Bosomprah

Plaintiff/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent's action is statute barred under the Limitation Act
  2. 2 Whether the appellant's possession constitutes adverse possession
  3. 3 Whether the respondent has better title to the disputed land

Ratio Decidendi

The appellant's possession was as a caretaker and not adverse; therefore, the statute of limitation does not bar the respondent's action. The respondent proved better title to the land through documentary evidence and registration. The appeal is dismissed and the Court of Appeal's judgment is affirmed.

Court Disposition

appeal dismissed; judgment of Court of Appeal affirmed

Orders

  • Declaration of title in favour of respondent for parcel No. 24, Block 5 Section 021, Asylum Down, Accra
  • Perpetual injunction against appellant, her agents, servants, assigns, or anybody claiming through her from interfering with respondent's quiet enjoyment of the land