HAMMOND & ANOTHER VRS M & G PHARMACEUTICALS (H1/149/2021) [2022] GHACA 105 (24 February 2022)

HAMMOND & ANOTHER VRS M & G PHARMACEUTICALS (H1/149/2021) [2022] GHACA 105 (24 February 2022)

Respondents lacked capacity to sue as property had devolved to Sarah Addo Family; Rosemond Mark Hansen was head of family and had authority to grant lease; appellant's possession since 2000 rendered respondents' action statute barred; lower court's judgment was against weight of evidence and contrary to established legal principles.

Citation
[2022] GHACA 105
Parties
Plaintiff/respondent: Gabriel Jonas Dowuona Hammond (substituted by Patience Obieley Dowuona-Hammond White); Plaintiff/respondent: Patience Obieley Dowuona-Hammond White (substituted by Christiana Dowuona-Hammond); Defendant/appellant: M & G Pharmaceuticals Ltd
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
24 February 2022
Case Number
H1/149/2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; judgment of lower court set aside
Legal Topics
Capacity to Sue, Statute of Limitation, Family Property, Head of Family, Validity of Conveyance, Matrilineal Inheritance
Source Language
English
Land Law Succession Civil Procedure Capacity to Sue Statute of Limitation Family Property Head of Family Validity of Conveyance +1 more

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Parties

Gabriel Jonas Dowuona Hammond (substituted by Patience Obieley Dowuona-Hammond White)

Plaintiff/respondent

Patience Obieley Dowuona-Hammond White (substituted by Christiana Dowuona-Hammond)

Plaintiff/respondent

M & G Pharmaceuticals Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether plaintiffs/respondents had capacity to sue regarding the disputed property
  2. 2 Whether Rosemond Mark Hansen was head of Sarah Addo Family and entitled to lease the disputed land
  3. 3 Whether the grant to appellant was valid

Ratio Decidendi

Respondents lacked capacity to sue as property had devolved to Sarah Addo Family; Rosemond Mark Hansen was head of family and had authority to grant lease; appellant's possession since 2000 rendered respondents' action statute barred; lower court's judgment was against weight of evidence and contrary to established legal principles.

Court Disposition

appeal allowed; judgment of lower court set aside

Orders

  • Interlocutory injunction against appellant set aside
  • Judgment entered for appellant on all counterclaim reliefs