Dzokui Vrs Adzamli [2015] GHASC 118 (9 December 2015)

Dzokui Vrs Adzamli [2015] GHASC 118 (9 December 2015)

The Supreme Court found that the Court of Appeal erred in setting aside the High Court's findings, as the evidence, including the survey map, established the identity of the land and disproved the existence of a valid customary gift to the defendants. The trial court's findings were supported by the record, and the defendants' long possession did not amount to ownership by gift under Ewe custom. The appeal was allowed, the Court of Appeal judgment set aside, and the High Court judgment restored.

Citation
[2015] GHASC 118
Parties
Plaintiff/respondent/appellant: Torgbui Dzokui II of Zuta (suing as joint head of the Awasiapedo Clan of Avenor, for himself and on behalf of the member of the clan); Defendant/appellant/respondent: Atise Adzamli (deceased, substituted by Kwabla Adzamli); Defendant/appellant/respondent: Kwabla Adzamli; Defendant/appellant/respondent: Doe Adzamli (deceased, substituted by Kwabla Adzamli); Defendant/appellant/respondent: Ayishuede Adzamli; Defendant/appellant/respondent: Kwame Adzamli; Defendant/appellant/respondent: Atsu Azameti (deceased, substituted by Kwabla Adzamli); Defendant/appellant/respondent: Kofi Daworlo Negble; Co Defendant/appellant/respondent: Torgbui Kwao Adzovor (Co-Defendant)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 December 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Declaration of Title to Land, Trespass, Recovery of Possession, Perpetual Injunction, Customary Gift, Capacity to Sue
Source Language
English
Land Law Customary Law Declaration of Title to Land Trespass Recovery of Possession Perpetual Injunction Customary Gift Capacity to Sue

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Parties

Torgbui Dzokui II of Zuta (suing as joint head of the Awasiapedo Clan of Avenor, for himself and on behalf of the member of the clan)

Plaintiff/respondent/appellant

Atise Adzamli (deceased, substituted by Kwabla Adzamli)

Defendant/appellant/respondent

Kwabla Adzamli

Defendant/appellant/respondent

Doe Adzamli (deceased, substituted by Kwabla Adzamli)

Defendant/appellant/respondent

Ayishuede Adzamli

Defendant/appellant/respondent

Kwame Adzamli

Defendant/appellant/respondent

Atsu Azameti (deceased, substituted by Kwabla Adzamli)

Defendant/appellant/respondent

Kofi Daworlo Negble

Defendant/appellant/respondent

Torgbui Kwao Adzovor (Co-Defendant)

Co Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in setting aside the High Court judgment in favour of the plaintiff
  2. 2 Whether the defendants proved a valid customary gift of the land
  3. 3 Whether inconsistencies in boundary descriptions were fatal to the plaintiff's claim

Ratio Decidendi

The Supreme Court found that the Court of Appeal erred in setting aside the High Court's findings, as the evidence, including the survey map, established the identity of the land and disproved the existence of a valid customary gift to the defendants. The trial court's findings were supported by the record, and the defendants' long possession did not amount to ownership by gift under Ewe custom. The appeal was allowed, the Court of Appeal judgment set aside, and the High Court judgment restored.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal set aside
  • Judgment of the High Court delivered on 25th February 2009 restored