Aboagye Vrs Asiam [2018] GHASC 70 (24 October 2018)

Aboagye Vrs Asiam [2018] GHASC 70 (24 October 2018)

The 369 acres of land at Larteh is owned by the four families in the proportions indicated in the land plan, not exclusively by the Nana Obeng Family. The registration of the land in the defendant's name was improper and must be deleted. The plaintiff cannot claim exclusive ownership contrary to the earlier judgment and documentary evidence.

Citation
[2018] GHASC 70
Parties
Defendant/appellant/appellant: Nana Asiamah Aboagye; Plaintiff/respondent/respondent: Abusuapanyin Kwaku Apau Asiam
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 October 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed in part
Legal Topics
Ownership of Family Land, Registration of Land, Power of Attorney, Evidence Evaluation
Source Language
English
Land Law Customary Law Ownership of Family Land Registration of Land Power of Attorney Evidence Evaluation

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Parties

Nana Asiamah Aboagye

Defendant/appellant/appellant

Abusuapanyin Kwaku Apau Asiam

Plaintiff/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the 369 acres of land at Larteh is the exclusive property of Nana Obeng Family or jointly owned by four families
  2. 2 Whether the other families are licensees or co-owners
  3. 3 Whether registration of the land in defendant's name was proper

Ratio Decidendi

The 369 acres of land at Larteh is owned by the four families in the proportions indicated in the land plan, not exclusively by the Nana Obeng Family. The registration of the land in the defendant's name was improper and must be deleted. The plaintiff cannot claim exclusive ownership contrary to the earlier judgment and documentary evidence.

Court Disposition

appeal allowed in part

Orders

  • Plaintiff's reliefs (a), (b), (d), and (e) dismissed
  • Plaintiff's relief (c) granted: Lands Commission, Koforidua to delete registration of defendant's name and any grants made by him