Seke Vrs Ametefe & Another [2022] GHAHC 96 (20 October 2022)

Seke Vrs Ametefe & Another [2022] GHAHC 96 (20 October 2022)

The arbitration conducted by Togbe Keh XI in 1991 was valid and binding on both parties. The award provided for joint control and cultivation of the land by both parties’ families. Plaintiff, as a party to the arbitration, is bound by the award and cannot treat defendants as trespassers. Both parties are entitled to farm on the land as successors to the original parties to the arbitration.

Citation
[2022] GHAHC 96
Parties
Plaintiff: Emmanuel Kosi Seke; Defendant: Christian Ametefe; Defendant: Michael Ametefe
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 October 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed in its entirety.
Legal Topics
Declaration of Title, Customary Arbitration, Estoppel Per Rem Judicatum, Trespass, Recovery of Possession
Source Language
English
Land Law Customary Law Declaration of Title Customary Arbitration Estoppel Per Rem Judicatum Trespass Recovery of Possession

Case Brief

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Parties

Emmanuel Kosi Seke

Plaintiff

Christian Ametefe

Defendant

Michael Ametefe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether defendants have trespassed onto plaintiff’s land
  2. 2 Whether there was a valid arbitration between the parties and whether it operates as estoppel
  3. 3 Whether the land belongs to the Amii family

Ratio Decidendi

The arbitration conducted by Togbe Keh XI in 1991 was valid and binding on both parties. The award provided for joint control and cultivation of the land by both parties’ families. Plaintiff, as a party to the arbitration, is bound by the award and cannot treat defendants as trespassers. Both parties are entitled to farm on the land as successors to the original parties to the arbitration.

Court Disposition

Plaintiff's claim dismissed in its entirety.

Orders

  • Plaintiff's suit dismissed
  • Defendants awarded costs of Ghs2,500.00