Opoku Vrs Osaa [2023] GHASC 47 (18 January 2023)

Opoku Vrs Osaa [2023] GHASC 47 (18 January 2023)

The appeal fails because the defendant's long, undisturbed possession and development of the land, coupled with the plaintiff's and his assignor's acquiescence and unreasonable delay, bar the plaintiff's claim under the doctrines of laches and acquiescence. The findings of fact by the lower courts are supported by the evidence, and no procedural irregularity or misapplication of law justifies reversal.

Citation
[2023] GHASC 47
Parties
Plaintiff/appellant/appellant: Morgan Kwame Opoku; Defendant/respondent/respondent: Akosua Osaa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 January 2023
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Title to Land, Laches, Acquiescence, Joinder of Parties, Pleading Requirements, Protection of Purchasers, Burden of Proof
Source Language
English
Land Law Equity Civil Procedure Title to Land Laches Acquiescence Joinder of Parties Pleading Requirements +2 more

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Parties

Morgan Kwame Opoku

Plaintiff/appellant/appellant

Akosua Osaa

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the lower courts erred in dismissing the plaintiff's claim for title to land, recovery of possession, damages for trespass, and injunction.
  2. 2 Whether the findings of fact by the High Court and Court of Appeal were against the weight of evidence.
  3. 3 Whether procedural irregularities in the joinder of the 2nd defendant rendered the trial a nullity.

Ratio Decidendi

The appeal fails because the defendant's long, undisturbed possession and development of the land, coupled with the plaintiff's and his assignor's acquiescence and unreasonable delay, bar the plaintiff's claim under the doctrines of laches and acquiescence. The findings of fact by the lower courts are supported by the evidence, and no procedural irregularity or misapplication of law justifies reversal.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 21st March, 2019 affirmed.
  • Plaintiff's claims dismissed in entirety.