Opoku Vrs Lartey [2018] GHASC 2 (24 January 2018)

Opoku Vrs Lartey [2018] GHASC 2 (24 January 2018)

The Supreme Court found that the plaintiff discharged the burden of proof regarding ownership, the defendant failed to substantiate her counterclaim or the existence of a resulting trust, and there was no basis to disturb the concurrent findings of the lower courts. The appeal was dismissed in its entirety.

Citation
[2018] GHASC 2
Parties
Plaintiff/respondent/respondent: Veronica Opoku (suing per her lawful attorney Ms. Dorothy Poku); Defendant/appellant/appellant: Mary Lartey
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 January 2018
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Ownership of Land, Resulting Trust, Burden of Proof, Concurrent Findings, Res Judicata
Source Language
English
Property Law Civil Procedure Ownership of Land Resulting Trust Burden of Proof Concurrent Findings Res Judicata

Case Brief

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Parties

Veronica Opoku (suing per her lawful attorney Ms. Dorothy Poku)

Plaintiff/respondent/respondent

Mary Lartey

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the plaintiff is the rightful owner of the disputed land
  2. 2 Whether Richard Peprah was the rightful owner of the disputed land
  3. 3 Whether the defendant has any valid interest in the disputed land

Ratio Decidendi

The Supreme Court found that the plaintiff discharged the burden of proof regarding ownership, the defendant failed to substantiate her counterclaim or the existence of a resulting trust, and there was no basis to disturb the concurrent findings of the lower courts. The appeal was dismissed in its entirety.

Court Disposition

appeal dismissed

Orders

  • Defendant's appeal dismissed in its entirety
  • Judgment for the plaintiff affirmed