NKPA VRS QUAYE & 2 OTHERS (H1/123/2021) [2021] GHACA 36 (29 July 2021)

NKPA VRS QUAYE & 2 OTHERS (H1/123/2021) [2021] GHACA 36 (29 July 2021)

The trial court erred in granting perpetual injunction and ancillary reliefs after finding the land belonged to Nungua Stool, not the plaintiff's family; respondent lacked capacity to sue, fraud was not proven, and the appellant was entitled to judgment on his counterclaim.

Citation
[2021] GHACA 36
Parties
Plaintiff/respondent: Nii Blabi Borketey Nkpa; 1st Defendant/appellant: David Mensah Quaye; 2nd Defendant/respondent: Lands Commission, Accra; 3rd Defendant/respondent: Land Title Registry
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
29 July 2021
Case Number
H1/123/2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Capacity to Sue, Burden of Proof, Fraud, Stare Decisis, Customary Authority to Alienate Land
Source Language
English
Land Law Civil Procedure Customary Law Declaration of Title Recovery of Possession Perpetual Injunction Capacity to Sue Burden of Proof +3 more

Case Brief

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Parties

Nii Blabi Borketey Nkpa

Plaintiff/respondent

David Mensah Quaye

1st Defendant/appellant

Lands Commission, Accra

2nd Defendant/respondent

Land Title Registry

3rd Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff/respondent's family is the allodial owner of the disputed land or it forms part of Nungua Stool lands
  2. 2 Whether the trial court erred in granting perpetual injunction after dismissing substantive claims
  3. 3 Whether the grant of land to the appellant by Dzaasetse Nii Afotey Odai IV was lawful

Ratio Decidendi

The trial court erred in granting perpetual injunction and ancillary reliefs after finding the land belonged to Nungua Stool, not the plaintiff's family; respondent lacked capacity to sue, fraud was not proven, and the appellant was entitled to judgment on his counterclaim.

Court Disposition

appeal allowed

Orders

  • Order for perpetual injunction against appellant revoked
  • Order cancelling and expunging registration and land title certificate of appellant set aside