Sarpong Vrs Jantuah [2016] GHASC 4 (17 February 2016)

Sarpong Vrs Jantuah [2016] GHASC 4 (17 February 2016)

The plaintiff failed to establish any legal or equitable interest in the property as there was no valid written sub-lease, and the defendant proved on a balance of probabilities that he was the same person as Kwame Adu Bobi, the original lessee/owner, making his title superior.

Citation
[2016] GHASC 4
Parties
Plaintiff/appellant/appellant: Kofi Sarpong (deceased), substituted by Nana Kwasi Koduah; Defendant/respondent/respondent: Franklin Adubobi Jantuah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 February 2016
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Ownership of Land, Identity of Owner, Sub Lease Validity, Burden of Proof, Use of Native Names in Property Acquisition
Source Language
English
Property Law Land Law Ownership of Land Identity of Owner Sub Lease Validity Burden of Proof Use of Native Names in Property Acquisition

Case Brief

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Parties

Kofi Sarpong (deceased), substituted by Nana Kwasi Koduah

Plaintiff/appellant/appellant

Franklin Adubobi Jantuah

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the plaintiff had a valid claim to ownership or possession of the disputed property
  2. 2 Whether the defendant was the same person as Kwame Adu Bobi, the original lessee/owner
  3. 3 Whether acquisition of property in a native name is lawful

Ratio Decidendi

The plaintiff failed to establish any legal or equitable interest in the property as there was no valid written sub-lease, and the defendant proved on a balance of probabilities that he was the same person as Kwame Adu Bobi, the original lessee/owner, making his title superior.

Court Disposition

appeal dismissed

Orders

  • Judgments and orders of the High Court and Court of Appeal restored.