Empire Builders Limited Vrs Topkings Enterprises Ltd & 4 Ors [2020] GHASC 74 (16 December 2020)

Empire Builders Limited Vrs Topkings Enterprises Ltd & 4 Ors [2020] GHASC 74 (16 December 2020)

The Plaintiff failed to prove valid title to the disputed land, did not properly amend its reliefs for possession, and did not establish fraud against the Defendant. The concurrent findings of fact by the lower courts were supported by the evidence. The reduction of Plaintiff's leasehold interest based on shareholder nationality was erroneous and set aside, but this did not affect the outcome. The appeal is dismissed.

Citation
Empire Builders Limited Vrs Topkings Enterprises Ltd & 4 Ors [2020] GHASC 74 (16 December 2020)
Parties
Plaintiff/appellant/appellant: Empire Builders Limited; Defendant/respondent/respondent: Topkings Enterprises Ltd.; 1st Co Defendant/respondent/respondent: Nii Bortrabi Obroni II; 2nd Co Defendant/respondent: Numo Borketey Lawerh Tsuru; 3rd Co Defendant/respondent: Lands Commission; 4th Co Defendant/respondent/respondent: Reit-Top Housing Estates Ltd.
Court
ghasc
Jurisdiction
Ghana
Judgment Date
16 December 2020
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Land Title, Leasehold Interests, Burden of Proof, Fraud, Capacity to Sue, Statute of Limitations, Amendment of Pleadings
Source Language
eng
Property Law Civil Procedure Constitutional Law Land Title Leasehold Interests Burden of Proof Fraud Capacity to Sue +2 more

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Parties

Empire Builders Limited

Plaintiff/appellant/appellant

Topkings Enterprises Ltd.

Defendant/respondent/respondent

Nii Bortrabi Obroni II

1st Co Defendant/respondent/respondent

Numo Borketey Lawerh Tsuru

2nd Co Defendant/respondent

Lands Commission

3rd Co Defendant/respondent

Reit-Top Housing Estates Ltd.

4th Co Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the Plaintiff had valid title to the disputed land
  2. 2 Whether the Plaintiff's leasehold interest was affected by Article 266(4) of the 1992 Constitution
  3. 3 Whether the Plaintiff properly amended its reliefs to include possession

Ratio Decidendi

The Plaintiff failed to prove valid title to the disputed land, did not properly amend its reliefs for possession, and did not establish fraud against the Defendant. The concurrent findings of fact by the lower courts were supported by the evidence. The reduction of Plaintiff's leasehold interest based on shareholder nationality was erroneous and set aside, but this did not affect the outcome. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Court of Appeal affirmed except for variation regarding Plaintiff's lease term
  • Order reducing Plaintiff's leasehold interest based on shareholder nationality set aside