Okoe & Anor Vrs Lawani & Anor [2021] GHASC 119 (8 December 2021)

Okoe & Anor Vrs Lawani & Anor [2021] GHASC 119 (8 December 2021)

The majority held that both parties' traditional evidence was unreliable, but the defendants/respondents established long, undisturbed possession and acts of ownership, which the plaintiffs/appellants admitted and failed to rebut. The plaintiffs did not prove their title on the balance of probabilities, and the concurrent findings of the lower courts were supported by the evidence. The appeal was dismissed. The dissenting opinions found the respondents' evidence inconsistent and preferred the plaintiffs' claim, but the majority prevailed.

Citation
[2021] GHASC 119
Parties
Plaintiff/appellant/appellant: Daniel Ramsey Adjei Okoe; Plaintiff/appellant/appellant: Martin Adjei Sowah; Defendant/respondent/respondent: Nii Akwetey Lawani; Defendant/respondent/respondent: Samuel Adjei Ashong
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 December 2021
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Judgment
Outcome
Appeal dismissed (majority); lower courts' judgments affirmed; counterclaim of defendants/respondents upheld.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Counterclaim, Customary Ownership, Proof of Title, Evidentiary Burden
Source Language
English
Land Law Customary Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Counterclaim Customary Ownership +2 more

Case Brief

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Parties

Daniel Ramsey Adjei Okoe

Plaintiff/appellant/appellant

Martin Adjei Sowah

Plaintiff/appellant/appellant

Nii Akwetey Lawani

Defendant/respondent/respondent

Samuel Adjei Ashong

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Judgment

Legal Issues

  1. 1 Whether the plaintiffs/appellants proved title to the disputed land on the balance of probabilities
  2. 2 Whether the defendants/respondents established a better title or possessory right to the land
  3. 3 Whether the concurrent findings of the lower courts should be disturbed by the Supreme Court

Ratio Decidendi

The majority held that both parties' traditional evidence was unreliable, but the defendants/respondents established long, undisturbed possession and acts of ownership, which the plaintiffs/appellants admitted and failed to rebut. The plaintiffs did not prove their title on the balance of probabilities, and the concurrent findings of the lower courts were supported by the evidence. The appeal was dismissed. The dissenting opinions found the respondents' evidence inconsistent and preferred the plaintiffs' claim, but the majority prevailed.

Court Disposition

Appeal dismissed (majority); lower courts' judgments affirmed; counterclaim of defendants/respondents upheld.

Orders

  • Plaintiffs/appellants' appeal is dismissed.
  • Judgments of the High Court and Court of Appeal are affirmed.