Codjoe Vrs Sowah [2022] GHASC 101 (29 November 2022)

Codjoe Vrs Sowah [2022] GHASC 101 (29 November 2022)

The Supreme Court held that the plaintiff acquired the disputed land by valid oral customary grant in 1954, which took priority over the defendant’s root of title. The Court found no evidence of fraud in the acquisition of the Land Title Certificate and held that the defendant failed to prove his counterclaim or the allegation of fraud. The plaintiff’s action was not statute barred. The Court of Appeal erred in setting aside the trial court’s findings, and the trial High Court’s judgment was restored.

Citation
[2022] GHASC 101
Parties
Plaintiff/respondent/appellant: Majorie Atsoi Codjoe; Defendant/appellant/respondent: Samuel Okpoti Sowah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed
Legal Topics
Customary Land Grant, Priority of Title, Fraud in Land Registration, Burden of Proof, Statute of Limitation
Source Language
English
Land Law Evidence Customary Law Customary Land Grant Priority of Title Fraud in Land Registration Burden of Proof Statute of Limitation

Case Brief

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Parties

Majorie Atsoi Codjoe

Plaintiff/respondent/appellant

Samuel Okpoti Sowah

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff acquired the disputed plot by customary gift in 1954
  2. 2 Whether the Court of Appeal erred in setting aside the trial judge’s finding of fact
  3. 3 Whether the plaintiff procured the Land Title Certificate by fraud

Ratio Decidendi

The Supreme Court held that the plaintiff acquired the disputed land by valid oral customary grant in 1954, which took priority over the defendant’s root of title. The Court found no evidence of fraud in the acquisition of the Land Title Certificate and held that the defendant failed to prove his counterclaim or the allegation of fraud. The plaintiff’s action was not statute barred. The Court of Appeal erred in setting aside the trial court’s findings, and the trial High Court’s judgment was restored.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal dated 13th December, 2018 set aside
  • Judgment of the trial High Court dated 18th November, 2015 restored