BOKOR VRS. ODDOYE (J4/38/2021) [2021] GHASC 191 (8 December 2021)

BOKOR VRS. ODDOYE (J4/38/2021) [2021] GHASC 191 (8 December 2021)

The Supreme Court held that the plaintiff established a better root of title to the land through inheritance and documentary evidence, while the defendant failed to prove valid acquisition by sale or adverse possession. The arbitration award relied on by the defendant was not properly pleaded, lacked authenticity,...

Source-derived case information.

Citation
[2021] GHASC 191
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
Case Number
J4/38/2021
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
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 Civil Procedure Title to Land Estoppel Per Rem Judicatam Adverse Possession Fraud in Land Transactions Burden of Proof

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Parties

Adwoa Bokor

Plaintiff/appellant/respondent

Madam Agbo Oddoye (substituted by Phillip Odoi)

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

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

Ratio Decidendi

The Supreme Court held that the plaintiff established a better root of title to the land through inheritance and documentary evidence, while the defendant failed to prove valid acquisition by sale or adverse possession. The arbitration award relied on by the defendant was not properly pleaded, lacked authenticity, and did not meet the requirements for estoppel per rem judicatam. The defendant's evidence was inconsistent and failed to rebut the plaintiff's case. The appeal was dismissed and judgment entered for the plaintiff.

Court Disposition

Appeal dismissed; judgment for plaintiff affirmed.

Orders

  • Plaintiff declared owner of the disputed land
  • Defendant restrained from interfering with the land