Plange Vrs Foah [2011] GHASC 4 (23 February 2011)

Plange Vrs Foah [2011] GHASC 4 (23 February 2011)

The plaintiff failed to prove boundaries or entitlement to the land and did not substantiate allegations of fraud. The defendant's title was supported by a valid, long-standing deed of conveyance and acts of possession. The findings of fact by the lower courts were not shown to be erroneous or to have caused a miscarriage of justice. The appeal was therefore dismissed and the decision of the Court of Appeal affirmed.

Citation
[2011] GHASC 4
Parties
Plaintiff/appellant: Anna Victoria Bart Plange; Defendant/respondent: Nana Egyei Foah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 February 2011
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed; lower court decision affirmed
Legal Topics
Ownership of Land, Title to Land, Conveyancing, Ancient Documents, Burden of Proof, Estoppel
Source Language
English
Land Law Ownership of Land Title to Land Conveyancing Ancient Documents Burden of Proof Estoppel

Case Brief

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Parties

Anna Victoria Bart Plange

Plaintiff/appellant

Nana Egyei Foah

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the defendant's family acquired valid title to the disputed land by purchase from the plaintiff's predecessors in title
  2. 2 Whether the plaintiff proved boundaries and entitlement to the land
  3. 3 Whether the defendant's title was obtained fraudulently

Ratio Decidendi

The plaintiff failed to prove boundaries or entitlement to the land and did not substantiate allegations of fraud. The defendant's title was supported by a valid, long-standing deed of conveyance and acts of possession. The findings of fact by the lower courts were not shown to be erroneous or to have caused a miscarriage of justice. The appeal was therefore dismissed and the decision of the Court of Appeal affirmed.

Court Disposition

appeal dismissed; lower court decision affirmed

Orders

  • Plaintiff's claim dismissed in entirety
  • Declaration of title in favour of defendant to the disputed land as per exhibit 2