Nsowaa and Another Vrs Bamba and Another [2017] GHASC 6 (26 January 2017)

Nsowaa and Another Vrs Bamba and Another [2017] GHASC 6 (26 January 2017)

The appellants failed to demonstrate that the Court of Appeal's decision was perverse or unreasonable, and the trial court's procedural handling did not occasion a miscarriage of justice. The appeal was dismissed and the Court of Appeal's decision affirmed.

Citation
[2017] GHASC 6
Parties
Plaintiffs/appellants: Akua Nsowaa Akosua Amponsah for herself and on behalf of Atta Kwadwo and Ataa Adwoa Kwaku Nsiah, customary successor of the late Kofi Amponsah and Kwadwo Tiwaa; Defendants/respondents: Toayiri Bamba Hajia Mamaa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 January 2017
Procedural Posture
Civil Appeal / Judgment on Appeal to Supreme Court
Outcome
appeal dismissed
Legal Topics
Declaration of Title, Pledge Vs Sale of Property, Procedural Directions, Miscarriage of Justice
Source Language
English
Property Law Civil Procedure Declaration of Title Pledge Vs Sale of Property Procedural Directions Miscarriage of Justice

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Parties

Akua Nsowaa Akosua Amponsah for herself and on behalf of Atta Kwadwo and Ataa Adwoa Kwaku Nsiah, customary successor of the late Kofi Amponsah and Kwadwo Tiwaa

Plaintiffs/appellants

Toayiri Bamba Hajia Mamaa

Defendants/respondents

Procedural Posture

Civil Appeal / Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether the disputed house was sold or pledged by Seidu Manje to Kofi Amponsah
  2. 2 Whether the appellants are entitled to declaration of title to the property
  3. 3 Whether the trial court's handling of issues at the directions stage occasioned a miscarriage of justice

Ratio Decidendi

The appellants failed to demonstrate that the Court of Appeal's decision was perverse or unreasonable, and the trial court's procedural handling did not occasion a miscarriage of justice. The appeal was dismissed and the Court of Appeal's decision affirmed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Court of Appeal affirmed