Oblie and Others Vrs Lancaster [2016] GHASC 78 (15 March 2016)

Oblie and Others Vrs Lancaster [2016] GHASC 78 (15 March 2016)

The plaintiffs failed to establish their claim of title to the disputed land due to inconsistencies and lack of evidence, while the defendant/respondent's family was found to have been in continuous possession of the land for over 200 years by virtue of a customary grant from the Kpobi We Family. The concurrent findings of the trial and appellate courts were supported by the evidence, and there was no basis for the Supreme Court to interfere. The appeal was therefore dismissed.

Citation
[2016] GHASC 78
Parties
Plaintiff/appellant: Samuel Oblie; Plaintiff/appellant: Christopher Oblie; Plaintiff/appellant: Mensah Oblie; Defendant/respondent: Tetteh Lancaster
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 March 2016
Procedural Posture
Civil Appeal / Judgment on Second Appeal (supreme Court)
Outcome
appeal dismissed
Legal Topics
Capacity to Sue in Family Property Matters, Customary Grants Vs. Tenancy, Proof of Title to Land, Appeals on Concurrent Findings, Burden of Proof in Land Disputes
Source Language
English
Land Law Customary Law Capacity to Sue in Family Property Matters Customary Grants Vs. Tenancy Proof of Title to Land Appeals on Concurrent Findings Burden of Proof in Land Disputes

Case Brief

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Parties

Samuel Oblie

Plaintiff/appellant

Christopher Oblie

Plaintiff/appellant

Mensah Oblie

Plaintiff/appellant

Tetteh Lancaster

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal (supreme Court)

Legal Issues

  1. 1 Whether the plaintiffs established title to the disputed land
  2. 2 Whether the defendant/respondent's family acquired the land by customary grant or as tenants
  3. 3 Whether the defendant/respondent could be granted title despite alleged indefinite land description

Ratio Decidendi

The plaintiffs failed to establish their claim of title to the disputed land due to inconsistencies and lack of evidence, while the defendant/respondent's family was found to have been in continuous possession of the land for over 200 years by virtue of a customary grant from the Kpobi We Family. The concurrent findings of the trial and appellate courts were supported by the evidence, and there was no basis for the Supreme Court to interfere. The appeal was therefore dismissed.

Court Disposition

appeal dismissed