Asema Vrs Nana Akwa Iii & 2 Ors [2021] GHASC 137 (21 July 2021)

Asema Vrs Nana Akwa Iii & 2 Ors [2021] GHASC 137 (21 July 2021)

The Supreme Court held that while the Respondent had established a valid usufructuary interest by long possession, the Court of Appeal erred in granting a perpetual injunction against the Appellant as allodial owner. The order for perpetual injunction was set aside, but the findings on the respective interests of the parties were affirmed.

Citation
[2021] GHASC 137
Parties
Plaintiff/appellant/respondent: Ebusuapanyin Kweku Asema (substituted for Ebusuapanyin Kweku Eduafo, deceased); Defendant/respondent/appellant: Nana Akwa III
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 July 2021
Procedural Posture
Civil Appeal / Judgment on Appeal to Supreme Court
Outcome
appeal allowed in part
Legal Topics
Allodial Title, Usufructuary Interest, Perpetual Injunction, Counterclaim, Acquiescence
Source Language
English
Land Law Customary Law Allodial Title Usufructuary Interest Perpetual Injunction Counterclaim Acquiescence

Case Brief

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Parties

Ebusuapanyin Kweku Asema (substituted for Ebusuapanyin Kweku Eduafo, deceased)

Plaintiff/appellant/respondent

Nana Akwa III

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal erred in granting a perpetual injunction against the allodial owner while affirming his title
  2. 2 Whether the Respondent had a valid usufructuary interest in the disputed lands
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The Supreme Court held that while the Respondent had established a valid usufructuary interest by long possession, the Court of Appeal erred in granting a perpetual injunction against the Appellant as allodial owner. The order for perpetual injunction was set aside, but the findings on the respective interests of the parties were affirmed.

Court Disposition

appeal allowed in part

Orders

  • Order for perpetual injunction against the Appellant, his servants, agents and workmen is set aside.
  • Findings of allodial title in Appellant and usufructuary interest in Respondent are affirmed.