Ebusua Panyin Kwa Kakraba Vrs Kwesi Bo [2012] GHASC 16 (18 April 2012)

Ebusua Panyin Kwa Kakraba Vrs Kwesi Bo [2012] GHASC 16 (18 April 2012)

The appellant failed to discharge the burden of proof that he was the overall head of the family or entitled to the land. The Court of Appeal correctly relied on prior judgments and the HANNA ASSI (No. 2) case to declare title in favour of the respondent's section. The High Court's injunction was improperly granted without application or hearing, and the Court of Appeal was right to discharge it. The appeal was unmeritorious and dismissed.

Citation
[2012] GHASC 16
Parties
Plaintiff/appellant: Ebusua Panyin Kwa Kakraba; Defendant/respondent: Kwesi Bo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 April 2012
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
appeal dismissed
Legal Topics
Family Headship, Declaration of Title, Customary Succession, Injunctions, Estoppel Per Rem Judicata
Source Language
English
Land Law Customary Law Family Headship Declaration of Title Customary Succession Injunctions Estoppel Per Rem Judicata

Case Brief

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Parties

Ebusua Panyin Kwa Kakraba

Plaintiff/appellant

Kwesi Bo

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellant is the overall head of the Royal Adwenadzi family of Edukrom
  2. 2 Whether the disputed land is vested in the defendant/respondent
  3. 3 Whether the Court of Appeal erred in granting title to the respondent and setting aside the High Court's injunction

Ratio Decidendi

The appellant failed to discharge the burden of proof that he was the overall head of the family or entitled to the land. The Court of Appeal correctly relied on prior judgments and the HANNA ASSI (No. 2) case to declare title in favour of the respondent's section. The High Court's injunction was improperly granted without application or hearing, and the Court of Appeal was right to discharge it. The appeal was unmeritorious and dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in entirety
  • Court of Appeal judgment affirmed