DRAMANIJABAGHI VRS SARE & 2 OTHERS (UW/WA/CT/A1/01/2024) [2024] GHACC 265 (27 June 2024)

DRAMANIJABAGHI VRS SARE & 2 OTHERS (UW/WA/CT/A1/01/2024) [2024] GHACC 265 (27 June 2024)

The customary arbitration award was validly made with all parties present, no breach of natural justice, and is final and binding. The Defendants are estopped from relitigating or resiling from the award. The Plaintiff is entitled to all reliefs sought as the award is enforceable and binds the parties and their privies.

Citation
DRAMANIJABAGHI VRS SARE & 2 OTHERS (UW/WA/CT/A1/01/2024) [2024] GHACC 265 (27 June 2024)
Parties
Plaintiff: Alhaji Saaka Dramani Jagaghi Naa; 1st Defendant: Hashim Mahama Sare; 2nd Defendant: Asanyi Yahaya; 3rd Defendant: Lands Commission, Wa
Court
ghacc
Jurisdiction
Ghana
Judgment Date
27 June 2024
Procedural Posture
Civil Land/title Declaration / Judgment After Default of Appearance
Outcome
Plaintiff's action succeeds in its entirety; all reliefs granted.
Legal Topics
Customary Arbitration, Title to Land, Estoppel by Arbitration, Default Judgment, Registration of Land Titles
Source Language
eng
Land Law Customary Law Civil Procedure Customary Arbitration Title to Land Estoppel by Arbitration Default Judgment Registration of Land Titles

Case Brief

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Parties

Alhaji Saaka Dramani Jagaghi Naa

Plaintiff

Hashim Mahama Sare

1st Defendant

Asanyi Yahaya

2nd Defendant

Lands Commission, Wa

3rd Defendant

Procedural Posture

Civil Land/title Declaration / Judgment After Default of Appearance

Legal Issues

  1. 1 Whether the customary arbitration award regarding the disputed land is valid and binding on the parties
  2. 2 Whether the Plaintiff is entitled to declaration of title, recovery of possession, expungement of registrations, and injunction

Ratio Decidendi

The customary arbitration award was validly made with all parties present, no breach of natural justice, and is final and binding. The Defendants are estopped from relitigating or resiling from the award. The Plaintiff is entitled to all reliefs sought as the award is enforceable and binds the parties and their privies.

Court Disposition

Plaintiff's action succeeds in its entirety; all reliefs granted.

Orders

  • Declaration of title to the disputed land in favour of Plaintiff as per the Wa Customary Land Secretariat award.
  • Recovery of possession of the land by Plaintiff.