YEMOH VS YEMOH & OTHERS (H1/21/2020) [2022] GHACA 65 (31 March 2022)

YEMOH VS YEMOH & OTHERS (H1/21/2020) [2022] GHACA 65 (31 March 2022)

The compulsory acquisition of the land by Government in 1944 extinguished all prior interests, vesting title in the State. The Lands Commission's grant of lease to plaintiff was irregular given the Government directive of 1977 allowing indigenes to remain as licensees. The disputed property does not form part of the estate of the late Anum Yemoh. Defendants have capacity to counterclaim as part owners and licensees. Plaintiff failed to prove sole ownership or licensee status of defendants. The appeal succeeds only on the issue that the property is not part of the late Anum Yemoh's estate; all other grounds fail.

Citation
YEMOH VS YEMOH & OTHERS (H1/21/2020) [2022] GHACA 65 (31 March 2022)
Parties
Plaintiff/appellant: Ali Anum Yemoh; Defendant/respondent: Adjara Yemoley Yemoh; Defendants/respondents: Co-defendants (younger brothers of plaintiff and 2nd defendant)
Court
ghaca
Jurisdiction
Ghana
Judgment Date
31 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal partly allowed
Legal Topics
Compulsory Acquisition, Possessory Title, Licensee Status, Capacity to Counterclaim, Estate Administration
Source Language
eng
Property Law Land Law Civil Procedure Compulsory Acquisition Possessory Title Licensee Status Capacity to Counterclaim Estate Administration

Case Brief

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Parties

Ali Anum Yemoh

Plaintiff/appellant

Adjara Yemoley Yemoh

Defendant/respondent

Co-defendants (younger brothers of plaintiff and 2nd defendant)

Defendants/respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether plaintiff has valid title to H/No C239/26 Abotsi Street, East Legon
  2. 2 Whether the disputed property forms part of the estate of the late Anum Yemoh
  3. 3 Whether defendants have capacity to counterclaim

Ratio Decidendi

The compulsory acquisition of the land by Government in 1944 extinguished all prior interests, vesting title in the State. The Lands Commission's grant of lease to plaintiff was irregular given the Government directive of 1977 allowing indigenes to remain as licensees. The disputed property does not form part of the estate of the late Anum Yemoh. Defendants have capacity to counterclaim as part owners and licensees. Plaintiff failed to prove sole ownership or licensee status of defendants. The appeal succeeds only on the issue that the property is not part of the late Anum Yemoh's estate; all other grounds fail.

Court Disposition

appeal partly allowed

Orders

  • Declaration that the disputed house does not form part of the estate of the late Anum Yemoh
  • Judgment of the trial court dated 29th November 2018 affirmed except as to estate declaration