Prempeh Vrs Kwapong [2020] GHASC 53 (21 October 2020)

Prempeh Vrs Kwapong [2020] GHASC 53 (21 October 2020)

The plaintiff failed to prove root of title to the disputed land, and the land falls within the Osae Family's land as previously adjudged. Acts of possession by the plaintiff were insufficient to establish ownership. No grounds exist to disturb concurrent findings of the lower courts.

Citation
Prempeh Vrs Kwapong [2020] GHASC 53 (21 October 2020)
Parties
Plaintiff/appellant/appellant: Agya Boakye Atonsah Prempeh; Defendant/respondent/respondent: Eric Ofei-Kwapong
Court
ghasc
Jurisdiction
Ghana
Judgment Date
21 October 2020
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Outcome
appeal dismissed
Legal Topics
Land Ownership, Title Dispute, Concurrent Findings, Boundary Determination
Source Language
eng
Property Law Land Ownership Title Dispute Concurrent Findings Boundary Determination

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Parties

Agya Boakye Atonsah Prempeh

Plaintiff/appellant/appellant

Eric Ofei-Kwapong

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the plaintiff proved root of title to the disputed land
  2. 2 Whether the disputed land falls within the defendant's grantor's land as adjudged by the Supreme Court
  3. 3 Whether acts of possession by the plaintiff are sufficient to establish ownership

Ratio Decidendi

The plaintiff failed to prove root of title to the disputed land, and the land falls within the Osae Family's land as previously adjudged. Acts of possession by the plaintiff were insufficient to establish ownership. No grounds exist to disturb concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • Appeal fails in its entirety and is accordingly dismissed.