Awabego Vrs Akubayela and Another [2016] GHASC 23 (23 November 2016)

Awabego Vrs Akubayela and Another [2016] GHASC 23 (23 November 2016)

The Tindana of Tindonsobligo, as custodian, holds the allodial title to Kalbeo land in trust for the community, and the Awure Family only has usufructuary rights. The parties are bound by their Memorandum of Understanding regarding compensation for the disputed land. Relief (1) of the defendant's counterclaim is granted; reliefs (2) and (3) are dismissed. The judgments of the High Court and Court of Appeal are set aside.

Citation
[2016] GHASC 23
Parties
Plaintiff/appellant/head of Family Appellant: Yakubu Awabego (suing on behalf of himself and Awure Family of Kalbeo); Defendant/respondent/respondent: Tindana Agongo Akubayela (Tindana of Tindonsobligo)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 November 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part; High Court and Court of Appeal judgments set aside; plaintiff's action dismissed in so far as inconsistent with the Memorandum of Understanding; defendant's counterclaim allowed in part.
Legal Topics
Allodial Title, Usufructuary Rights, Compensation for Compulsory Acquisition, Customary Land Tenure, Memorandum of Understanding Enforceability
Source Language
English
Land Law Customary Law Allodial Title Usufructuary Rights Compensation for Compulsory Acquisition Customary Land Tenure Memorandum of Understanding Enforceability

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Parties

Yakubu Awabego (suing on behalf of himself and Awure Family of Kalbeo)

Plaintiff/appellant/head of Family Appellant

Tindana Agongo Akubayela (Tindana of Tindonsobligo)

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether allodial title to Kalbeo lands vests in individual families or in the Tindana for the community
  2. 2 Whether the Awure Family is entitled to compensation under E.I. 10 of 2004
  3. 3 Whether the Memorandum of Understanding regarding compensation is enforceable

Ratio Decidendi

The Tindana of Tindonsobligo, as custodian, holds the allodial title to Kalbeo land in trust for the community, and the Awure Family only has usufructuary rights. The parties are bound by their Memorandum of Understanding regarding compensation for the disputed land. Relief (1) of the defendant's counterclaim is granted; reliefs (2) and (3) are dismissed. The judgments of the High Court and Court of Appeal are set aside.

Court Disposition

Appeal allowed in part; High Court and Court of Appeal judgments set aside; plaintiff's action dismissed in so far as inconsistent with the Memorandum of Understanding; defendant's counterclaim allowed in part.

Orders

  • Relief (1) of the defendant's counterclaim granted: Declaration that the Tindana of Tindonsobligo is the allodial owner of the land in dispute and the proper person to be paid compensation.
  • Reliefs (2) and (3) of the counterclaim dismissed.