Borley & Anor Vrs Hausbauer Limited [2021] GHASC 164 (10 March 2021)

Borley & Anor Vrs Hausbauer Limited [2021] GHASC 164 (10 March 2021)

The appellants failed to discharge the burden of proof to establish a valid customary freehold or usufructuary interest in the disputed land. Exhibit 'A', their confirmatory deed, was tainted with forgery and lacked credibility. The trial court erred in its evaluation of the evidence, and the Court of Appeal was correct to reverse its findings and enter judgment for the respondent.

Citation
[2021] GHASC 164
Parties
Plaintiff/respondent/appellant: Okonti Borley; Plaintiff/respondent/appellant: Okonti Bortey; Defendant/appellant/respondent: Hausbauer Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 March 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Declaration of Title to Land, Burden of Proof, Customary Freehold, Forgery and Fraud, Appellate Review
Source Language
English
Land Law Customary Law Evidence Declaration of Title to Land Burden of Proof Customary Freehold Forgery and Fraud Appellate Review

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Parties

Okonti Borley

Plaintiff/respondent/appellant

Okonti Bortey

Plaintiff/respondent/appellant

Hausbauer Limited

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appellants discharged the burden of proof to entitle them to the reliefs sought
  2. 2 Whether the Court of Appeal was right in reversing the High Court's findings and entering judgment for the respondent
  3. 3 Whether the appellants held a valid customary freehold or usufructuary interest in the disputed land

Ratio Decidendi

The appellants failed to discharge the burden of proof to establish a valid customary freehold or usufructuary interest in the disputed land. Exhibit 'A', their confirmatory deed, was tainted with forgery and lacked credibility. The trial court erred in its evaluation of the evidence, and the Court of Appeal was correct to reverse its findings and enter judgment for the respondent.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed.