Mensah Vrs Komfo [2019] GHASC 1 (23 January 2019)

Mensah Vrs Komfo [2019] GHASC 1 (23 January 2019)

The Supreme Court held that the findings of fact by the lower courts were supported by the evidence, the plaintiff's family had a better right to the land under customary law, and the defendant failed to discharge the burden of proof regarding acts of ownership. The mutual acknowledgment of rights by both parties triggered estoppel, precluding contrary evidence.

Citation
[2019] GHASC 1
Parties
Plaintiff/respondent/respondent: Ebusuapanyin Ekuma Mensah; Defendant/appellant/appellant: Nana Atta Komfo II
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 January 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Customary Land Tenure, Estoppel, Findings of Fact
Source Language
English
Land Law Customary Law Evidence Burden of Proof Customary Land Tenure Estoppel Findings of Fact

Case Brief

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Parties

Ebusuapanyin Ekuma Mensah

Plaintiff/respondent/respondent

Nana Atta Komfo II

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the findings of fact by the lower courts were perverse or unreasonable
  2. 2 Whether the plaintiff's family had a better right to the disputed land under customary law
  3. 3 Whether the burden of proof was properly discharged

Ratio Decidendi

The Supreme Court held that the findings of fact by the lower courts were supported by the evidence, the plaintiff's family had a better right to the land under customary law, and the defendant failed to discharge the burden of proof regarding acts of ownership. The mutual acknowledgment of rights by both parties triggered estoppel, precluding contrary evidence.

Court Disposition

appeal dismissed

Orders

  • The decision of the Court of Appeal is affirmed.
  • The findings of the trial court are upheld.