Met Capital Group Ltd Vrs Guranty Trust Bank Ghana Ltd and Another [2021] GHASC 74 (27 May 2021)

Met Capital Group Ltd Vrs Guranty Trust Bank Ghana Ltd and Another [2021] GHASC 74 (27 May 2021)

The 1st defendant's documents of title, registered earlier and covering the disputed land, confer a superior claim to ownership. The plaintiff's documents do not relate to the land as it exists on the ground, and her acts of possession cannot override the 1st defendant's registered title. There is no basis to disturb the concurrent findings of the lower courts.

Citation
[2021] GHASC 74
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
27 May 2021
Procedural Posture
Civil Appeal / Final Appeal (supreme Court)
Outcome
appeal dismissed
Legal Topics
Land Ownership, Title Registration, Priority of Registration, Concurrent Findings, Acts of Possession
Source Language
English
Land Law Property Law Land Ownership Title Registration Priority of Registration Concurrent Findings Acts of Possession

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 (supreme Court)

Legal Issues

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

Ratio Decidendi

The 1st defendant's documents of title, registered earlier and covering the disputed land, confer a superior claim to ownership. The plaintiff's documents do not relate to the land as it exists on the ground, and her acts of possession cannot override the 1st defendant's registered title. There is no basis to disturb the concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of the Court of Appeal dated 25th October, 2018 affirmed.