Boi and Others Vrs Adjei and Others [2014] GHASC 133 (19 March 2014)

Boi and Others Vrs Adjei and Others [2014] GHASC 133 (19 March 2014)

The Plaintiffs' action was statute barred as the Defendants had been in undisturbed adverse possession for over 12 years, extinguishing the Plaintiffs' title under the Limitation Act. The Plaintiffs' Land Title Certificate was obtained by fraud as the supporting indenture was executed when some Plaintiffs were minors or unborn, rendering it a nullity. The Defendants are entitled to their counterclaim for cancellation of the Land Title Certificate.

Citation
[2014] GHASC 133
Parties
Plaintiff/respondent/respondent: Armar Nmai Boi; Plaintiff/respondent/respondent: Laryea Nmai Boi; Plaintiff/respondent/respondent: Teley Nmai Boi; Defendant/appellant/appellant: Adjetey Adjei; Defendant/appellant/appellant: Amar Amartey; Defendant/appellant/appellant: Ayorkor Komey; Defendant/appellant/appellant: Ashitey; Defendant/appellant/appellant: Patterson; Defendant/appellant/appellant: Madam Korkoi; Defendant/appellant/appellant: Ataa Kwashie; Defendant/appellant/appellant: Madam Kai Adjetey; Defendant/appellant/appellant: Nako Ocanse; Defendant/appellant/appellant: Auntie Korkoi; Defendant/appellant/appellant: Atei Nye; Defendant/appellant/appellant: Hawa; Defendant/appellant/appellant: Mr. Nortey King
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 March 2014
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; Plaintiffs' action dismissed; Defendants' counterclaim granted.
Legal Topics
Adverse Possession, Limitation of Actions, Fraudulent Title Registration, Counterclaim, Land Title Registration
Source Language
English
Land Law Civil Procedure Adverse Possession Limitation of Actions Fraudulent Title Registration Counterclaim Land Title Registration

Case Brief

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Parties

Armar Nmai Boi

Plaintiff/respondent/respondent

Laryea Nmai Boi

Plaintiff/respondent/respondent

Teley Nmai Boi

Plaintiff/respondent/respondent

Adjetey Adjei

Defendant/appellant/appellant

Amar Amartey

Defendant/appellant/appellant

Ayorkor Komey

Defendant/appellant/appellant

Ashitey

Defendant/appellant/appellant

Patterson

Defendant/appellant/appellant

Madam Korkoi

Defendant/appellant/appellant

Ataa Kwashie

Defendant/appellant/appellant

Madam Kai Adjetey

Defendant/appellant/appellant

Nako Ocanse

Defendant/appellant/appellant

Auntie Korkoi

Defendant/appellant/appellant

Atei Nye

Defendant/appellant/appellant

Hawa

Defendant/appellant/appellant

Mr. Nortey King

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Plaintiffs' action was statute barred by adverse possession under the Limitation Act, NRCD 54
  2. 2 Whether the Plaintiffs procured their Land Title Certificate by fraud
  3. 3 Whether the Defendants are entitled to their counterclaim for cancellation of the Land Title Certificate

Ratio Decidendi

The Plaintiffs' action was statute barred as the Defendants had been in undisturbed adverse possession for over 12 years, extinguishing the Plaintiffs' title under the Limitation Act. The Plaintiffs' Land Title Certificate was obtained by fraud as the supporting indenture was executed when some Plaintiffs were minors or unborn, rendering it a nullity. The Defendants are entitled to their counterclaim for cancellation of the Land Title Certificate.

Court Disposition

Appeal allowed; Plaintiffs' action dismissed; Defendants' counterclaim granted.

Orders

  • Judgment of the Court of Appeal reversed
  • Plaintiffs' action dismissed