Nai Vrs East Dadekotopon Development Trust [2019] GHASC 78 (8 May 2019)

Nai Vrs East Dadekotopon Development Trust [2019] GHASC 78 (8 May 2019)

The plaintiff-family is estopped per rem judicatem and by conduct, laches, and acquiescence from relitigating or asserting interest in the disputed land, as the issues were previously determined and the defendant has exercised overt acts of ownership without challenge.

Citation
[2019] GHASC 78
Parties
Plaintiff/appellant/appellant: Nii Stephen Maley Nai (suing as head of Numo Kwashie Mensah Dade Nsuroja Family); Defendant/respondent/respondent: East Dadekotopon Development Trust
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 May 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Estoppel, Res Judicata, Land Ownership, Laches, Acquiescence
Source Language
English
Land Law Estoppel Res Judicata Land Ownership Laches Acquiescence

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Parties

Nii Stephen Maley Nai (suing as head of Numo Kwashie Mensah Dade Nsuroja Family)

Plaintiff/appellant/appellant

East Dadekotopon Development Trust

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the plaintiff-family is estopped by res judicata from relitigating title to the disputed land
  2. 2 Whether the plaintiff-family is estopped by conduct, laches, and acquiescence from asserting interest in the disputed land

Ratio Decidendi

The plaintiff-family is estopped per rem judicatem and by conduct, laches, and acquiescence from relitigating or asserting interest in the disputed land, as the issues were previously determined and the defendant has exercised overt acts of ownership without challenge.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Decisions of the trial High Court and Court of Appeal affirmed