Bokor Vrs Oddoye [2021] GHASC 117 (8 December 2021)

Bokor Vrs Oddoye [2021] GHASC 117 (8 December 2021)

The Supreme Court found that the defendant failed to prove valid acquisition of title by sale or adverse possession, the arbitration relied on for estoppel was not properly pleaded, authenticated, or shown to cover the same land or parties, and the plaintiff established a better root of title. The appeal was dismissed and the Court of Appeal's judgment for the plaintiff was affirmed.

Citation
[2021] GHASC 117
Parties
Plaintiff/appellant/respondent: Adwoa Bokor; Defendant/appellant/appellant: Madam Agbo Oddoye (substituted by Phillip Odoi)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 December 2021
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; judgment for plaintiff affirmed
Legal Topics
Title to Land, Estoppel Per Rem Judicatam, Adverse Possession, Fraud in Land Transactions, Burden of Proof
Source Language
English
Land Law Customary Law Civil Procedure Title to Land Estoppel Per Rem Judicatam Adverse Possession Fraud in Land Transactions Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 28 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Adwoa Bokor

Plaintiff/appellant/respondent

Madam Agbo Oddoye (substituted by Phillip Odoi)

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the plaintiff proved title to the disputed land
  2. 2 Whether the defendant acquired valid title through adverse possession or sale
  3. 3 Whether the doctrine of estoppel per rem judicatam applied based on prior arbitration

Ratio Decidendi

The Supreme Court found that the defendant failed to prove valid acquisition of title by sale or adverse possession, the arbitration relied on for estoppel was not properly pleaded, authenticated, or shown to cover the same land or parties, and the plaintiff established a better root of title. The appeal was dismissed and the Court of Appeal's judgment for the plaintiff was affirmed.

Court Disposition

Appeal dismissed; judgment for plaintiff affirmed

Orders

  • Defendant to give possession of the land to plaintiff
  • Perpetual injunction restraining defendant from interfering with the land