Opokuah Vrs Nyamekye and Another [2021] GHASC 72 (19 May 2021)

Opokuah Vrs Nyamekye and Another [2021] GHASC 72 (19 May 2021)

The 1st defendant’s documents of title, registered earlier and covering the disputed land, prevail over the plaintiff’s later and inaccurate claim. The plaintiff’s acts of possession do not override the 1st defendant’s superior title, and the Land Certificate was properly issued. There is no basis to disturb the concurrent findings of the lower courts.

Citation
[2021] GHASC 72
Parties
Plaintiff/appellant/appellant: Ernestina Opokuah; Defendant/respondent/respondent: Adwoa Nyamekye (substituted by Emmanuel Osei Kissi); Defendant/respondent: The Chief Registrar, Land Title Registry
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 May 2021
Procedural Posture
Civil Appeal / Final Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Land Ownership, Title Registration, Priority of Registration, Concurrent Findings, Nemo Dat Quod Non Habet
Source Language
English
Land Law Property Law Land Ownership Title Registration Priority of Registration Concurrent Findings Nemo Dat Quod Non Habet

Case Brief

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Parties

Ernestina Opokuah

Plaintiff/appellant/appellant

Adwoa Nyamekye (substituted by Emmanuel Osei Kissi)

Defendant/respondent/respondent

The Chief Registrar, Land Title Registry

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiff has a better title to the disputed land than the 1st defendant
  2. 2 Whether the concurrent findings of the lower courts should be reversed
  3. 3 Whether acts of possession by the plaintiff confer title

Ratio Decidendi

The 1st defendant’s documents of title, registered earlier and covering the disputed land, prevail over the plaintiff’s later and inaccurate claim. The plaintiff’s acts of possession do not override the 1st defendant’s superior title, and the Land Certificate was properly issued. There is no basis to disturb the concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • Appeal against the judgment of the Court of Appeal dated 25th October, 2018 is dismissed.