Ejisu Stool& Anor Vrs Addai [2021] GHASC 120 (15 December 2021)

Ejisu Stool& Anor Vrs Addai [2021] GHASC 120 (15 December 2021)

The plaintiffs failed to prove their title to the disputed land, while the defendant's family established long-standing possession and usufructuary interest. The plaintiffs are estopped by the District Court judgment, and there is no basis to disturb the concurrent findings of the lower courts.

Citation
[2021] GHASC 120
Parties
Plaintiff/appellant: Ejisu Stool; Plaintiff/appellant: Ejisu Apenkra Stool Land; Defendant/respondent: J. C. Addai
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 December 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Usufructuary Interest, Estoppel, Customary Land Tenure, Trusteeship of Stool Land
Source Language
English
Land Law Customary Law Usufructuary Interest Estoppel Customary Land Tenure Trusteeship of Stool Land

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Parties

Ejisu Stool

Plaintiff/appellant

Ejisu Apenkra Stool Land

Plaintiff/appellant

J. C. Addai

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the plaintiffs proved title to the disputed land
  2. 2 Whether the defendant's family has usufructuary interest in the Assia lands
  3. 3 Whether the plaintiffs are estopped by the District Court judgment

Ratio Decidendi

The plaintiffs failed to prove their title to the disputed land, while the defendant's family established long-standing possession and usufructuary interest. The plaintiffs are estopped by the District Court judgment, and there is no basis to disturb the concurrent findings of the lower courts.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the trial High Court and Court of Appeal affirmed
  • Plaintiffs' appeal fails and is dismissed