Lomotey & Anor Vrs Richardson & 3 Ors [2022] GHASC 65 (15 June 2022)

Lomotey & Anor Vrs Richardson & 3 Ors [2022] GHASC 65 (15 June 2022)

The Supreme Court (majority) held that the disputed land falls within the area previously adjudged to belong to the Numo Kofi Anum family in the Mate Tesa case, and the Nungua Stool (plaintiffs' grantor) had no title to grant; the co-defendant was properly joined and had capacity under customary law exceptions; the Court of Appeal erred in excluding relevant evidence and not following binding precedent; the trial court's decision in favour of the Numo Kofi Anum family is restored.

Citation
[2022] GHASC 65
Parties
Plaintiff/appellant/respondent: Michael Odai Lomotey; Plaintiff/appellant/respondent: Ebenezer Otu Makpoi; Defendant/respondent/appellant: Kwow Richardson; Defendant/respondent/appellant: Akwasi Prempeh; Defendant: Lands Commission; Co Defendant/respondent (suing for Himself and on Behalf of Other Members of the Numo Kofi Anum Family): Fredrick Shamo Kwei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 June 2022
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; trial court decision restored.
Legal Topics
Title to Land, Capacity to Sue, Res Judicata, Stare Decisis, Possessory Title, Joinder of Parties
Source Language
English
Land Law Customary Law Civil Procedure Title to Land Capacity to Sue Res Judicata Stare Decisis Possessory Title +1 more

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Parties

Michael Odai Lomotey

Plaintiff/appellant/respondent

Ebenezer Otu Makpoi

Plaintiff/appellant/respondent

Kwow Richardson

Defendant/respondent/appellant

Akwasi Prempeh

Defendant/respondent/appellant

Lands Commission

Defendant

Fredrick Shamo Kwei

Co Defendant/respondent (suing for Himself and on Behalf of Other Members of the Numo Kofi Anum Family)

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the plaintiffs have title to the disputed land as grantees of the Nungua Stool
  2. 2 Whether the Numo Kofi Anum family are the allodial owners of the disputed land
  3. 3 Whether the co-defendant had capacity to defend and counterclaim on behalf of the family

Ratio Decidendi

The Supreme Court (majority) held that the disputed land falls within the area previously adjudged to belong to the Numo Kofi Anum family in the Mate Tesa case, and the Nungua Stool (plaintiffs' grantor) had no title to grant; the co-defendant was properly joined and had capacity under customary law exceptions; the Court of Appeal erred in excluding relevant evidence and not following binding precedent; the trial court's decision in favour of the Numo Kofi Anum family is restored.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; trial court decision restored.

Orders

  • The title of the suit is to be amended to reflect Fredrick Shamo Kwei suing on behalf of himself and other members of the Numo Kofi Anum family.
  • Any order of injunction placed on the parties is discharged.