Empire Builders Ltd Vrs Topkins Enterprise Ltd [2020] GHASC 68 (16 December 2020)

Empire Builders Ltd Vrs Topkins Enterprise Ltd [2020] GHASC 68 (16 December 2020)

Plaintiff failed to prove valid title to the disputed land; Nungua Stool was established as the true owner. Plaintiff's capacity to hold lease was not affected by shareholder citizenship for purposes of standing, but quantum of interest may be affected. Allegations of fraud against Defendant were not substantiated. Lower courts properly evaluated evidence and applied correct legal principles. No basis for appellate interference except to set aside reduction of Plaintiff's lease term by Court of Appeal.

Citation
Empire Builders Ltd Vrs Topkins Enterprise Ltd [2020] GHASC 68 (16 December 2020)
Parties
Plaintiff/appellant/appellant: Empire Builders Limited; Defendant/respondent/respondent: Topkings Enterprises Ltd.; 1st Co Defendant/respondent/respondent: Nii Bortrabi Obroni II; 2nd Co Defendant/respondent: Numo Borketey Lawerh Tsuru; 3rd Co Defendant/respondent: Lands Commission; 4th Co Defendant/respondent/respondent: Reit-Top Housing Estates Ltd.
Court
ghasc
Jurisdiction
Ghana
Judgment Date
16 December 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Land Title, Leasehold Interest, Capacity to Hold Land, Fraud, Burden of Proof, Statute of Limitation, Amendment of Pleadings
Source Language
eng
Property Law Civil Procedure Constitutional Law Land Title Leasehold Interest Capacity to Hold Land Fraud Burden of Proof +2 more

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Parties

Empire Builders Limited

Plaintiff/appellant/appellant

Topkings Enterprises Ltd.

Defendant/respondent/respondent

Nii Bortrabi Obroni II

1st Co Defendant/respondent/respondent

Numo Borketey Lawerh Tsuru

2nd Co Defendant/respondent

Lands Commission

3rd Co Defendant/respondent

Reit-Top Housing Estates Ltd.

4th Co Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Plaintiff had valid title to the disputed land
  2. 2 Whether the Plaintiff had capacity to hold the lease under Article 266(4) of the 1992 Constitution
  3. 3 Whether the Defendant's claim was statute-barred

Ratio Decidendi

Plaintiff failed to prove valid title to the disputed land; Nungua Stool was established as the true owner. Plaintiff's capacity to hold lease was not affected by shareholder citizenship for purposes of standing, but quantum of interest may be affected. Allegations of fraud against Defendant were not substantiated. Lower courts properly evaluated evidence and applied correct legal principles. No basis for appellate interference except to set aside reduction of Plaintiff's lease term by Court of Appeal.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Court of Appeal affirmed except variation regarding Plaintiff's lease term
  • Findings and conclusions of lower courts upheld