Awadali Iv Vrs Gbadawu Iv [2018] GHASC 1 (24 January 2018)

Awadali Iv Vrs Gbadawu Iv [2018] GHASC 1 (24 January 2018)

There was no evidence that the respondent’s family acquired the allodial title from the appellant’s family; the respondent’s family only acquired possessory or user rights through a sale by a licensee (Gli), not the allodial owners. The Court of Appeal erred in holding otherwise. The appellant’s family retains allodial ownership, and the respondent’s family’s rights are limited to possessory and user rights, subject to recognition of the appellant’s title.

Citation
[2018] GHASC 1
Parties
Plaintiff/respondent/appellant: Togbe Lugu Awadali IV; Defendant/appellant/respondent: Togbe Gbadawu IV
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 January 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Allodial Title, Usufructuary Rights, Statutory Declaration, Customary Land Tenure
Source Language
English
Land Law Customary Law Allodial Title Usufructuary Rights Statutory Declaration Customary Land Tenure

Case Brief

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Parties

Togbe Lugu Awadali IV

Plaintiff/respondent/appellant

Togbe Gbadawu IV

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the respondent’s ancestors purchased the disputed land from the appellant’s ancestors
  2. 2 Whether the appellant’s family lost its allodial ownership to the disputed land as a result of the alleged purchase

Ratio Decidendi

There was no evidence that the respondent’s family acquired the allodial title from the appellant’s family; the respondent’s family only acquired possessory or user rights through a sale by a licensee (Gli), not the allodial owners. The Court of Appeal erred in holding otherwise. The appellant’s family retains allodial ownership, and the respondent’s family’s rights are limited to possessory and user rights, subject to recognition of the appellant’s title.

Court Disposition

appeal allowed

Orders

  • Decision of the trial High Court restored except for the order requiring the respondent to prepare a new Statutory Declaration
  • Order setting aside the Statutory Declaration executed by the respondent, without requiring a new one