Adei and Another Vrs Robertson and Another [2016] GHASC 76 (10 March 2016)

Adei and Another Vrs Robertson and Another [2016] GHASC 76 (10 March 2016)

Plaintiffs provided sufficient documentary evidence of acquisition from Madam Abena Asi, whose existence was not disproved by defendants; appellate court erred in requiring further proof beyond registered documents and in reversing trial court's findings.

Citation
[2016] GHASC 76
Parties
Plaintiff/respondent/appellant: Prof. Stephen Adei; Plaintiff/respondent/appellant: Mrs. Georgina Adei; Defendant/appellant/respondent: Grace Robertson; Defendant/respondent: Sempe Stool
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 March 2016
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored.
Legal Topics
Declaration of Title, Burden of Proof, Land Registration, Fraud Allegations, Appellate Review
Source Language
English
Land Law Evidence Law Declaration of Title Burden of Proof Land Registration Fraud Allegations Appellate Review

Case Brief

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Parties

Prof. Stephen Adei

Plaintiff/respondent/appellant

Mrs. Georgina Adei

Plaintiff/respondent/appellant

Grace Robertson

Defendant/appellant/respondent

Sempe Stool

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether plaintiffs proved acquisition of land from Madam Abena Asi
  2. 2 Whether failure to call grantor as witness defeats title claim
  3. 3 Whether appellate court erred in reversing trial court's findings

Ratio Decidendi

Plaintiffs provided sufficient documentary evidence of acquisition from Madam Abena Asi, whose existence was not disproved by defendants; appellate court erred in requiring further proof beyond registered documents and in reversing trial court's findings.

Court Disposition

Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored.

Orders

  • Judgment of Court of Appeal dated 18th July 2013 set aside
  • Judgment of High Court dated 8th July 2011 restored