Aku-brown Vrs Lanquaye [2016] GHASC 64 (29 June 2016)

Aku-brown Vrs Lanquaye [2016] GHASC 64 (29 June 2016)

The plaintiff sufficiently identified the land with a survey plan, led credible evidence of acts of possession and ownership, and the defendant failed to prove adverse possession or limitation. The Court of Appeal was correct in preferring the plaintiff's case and dismissing the defendant's counterclaim.

Citation
[2016] GHASC 64
Parties
Plaintiff/appellant: Mrs Vivian Aku-Brown Danquah; Defendant/respondent: Samuel Lanquaye Odartey
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 June 2016
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Declaration of Title to Land, Statute of Limitation, Acts of Possession, Evidence Evaluation
Source Language
English
Land Law Declaration of Title to Land Statute of Limitation Acts of Possession Evidence Evaluation

Case Brief

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Parties

Mrs Vivian Aku-Brown Danquah

Plaintiff/appellant

Samuel Lanquaye Odartey

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the plaintiff established the identity of the land claimed
  2. 2 Whether the Court of Appeal erred in preferring the evidence of the plaintiff's witnesses over the trial court's findings
  3. 3 Whether the statute of limitation barred the plaintiff's claim

Ratio Decidendi

The plaintiff sufficiently identified the land with a survey plan, led credible evidence of acts of possession and ownership, and the defendant failed to prove adverse possession or limitation. The Court of Appeal was correct in preferring the plaintiff's case and dismissing the defendant's counterclaim.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 20th November, 2014 affirmed
  • Defendant's appeal dismissed in its entirety