Kwaku & 2 Ors Vrs Otibu Iv [2021] GHASC 136 (7 July 2021)

Kwaku & 2 Ors Vrs Otibu Iv [2021] GHASC 136 (7 July 2021)

Appellants' family, though not allodial owners, have acquired customary freehold (usufructuary) rights over the 14.06 square miles of land by long, undisturbed possession with the permission of the respondent's family. Their presence is not adverse and does not amount to trespass. The injunction and damages for trespass were wrongly imposed and must be set aside. However, the respondent's family remains the allodial owner.

Citation
[2021] GHASC 136
Parties
1st Defendant/appellant/appellant: Ebenezer Kwaku; 2nd Defendant/appellant/appellant: Numo Teila Kwadwo; Defendant: Prince Mart Limited; Plaintiff/respondent/respondent: Mankralo Tetteh Otibu IV
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 July 2021
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed in part
Legal Topics
Title to Land, Customary Freehold, Usufructuary Rights, Limitation of Actions, Trespass, Damages, Injunction
Source Language
English
Land Law Customary Law Title to Land Customary Freehold Usufructuary Rights Limitation of Actions Trespass Damages +1 more

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Parties

Ebenezer Kwaku

1st Defendant/appellant/appellant

Numo Teila Kwadwo

2nd Defendant/appellant/appellant

Prince Mart Limited

Defendant

Mankralo Tetteh Otibu IV

Plaintiff/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellants' family acquired title or customary freehold interest in the disputed land by long possession
  2. 2 Whether the award of damages for trespass and perpetual injunction against the appellants was proper
  3. 3 Whether failure to plead the Limitation Act disentitled the appellants from relying on long possession

Ratio Decidendi

Appellants' family, though not allodial owners, have acquired customary freehold (usufructuary) rights over the 14.06 square miles of land by long, undisturbed possession with the permission of the respondent's family. Their presence is not adverse and does not amount to trespass. The injunction and damages for trespass were wrongly imposed and must be set aside. However, the respondent's family remains the allodial owner.

Court Disposition

Appeal allowed in part

Orders

  • Injunction order against appellants set aside
  • Damages for trespass against appellants set aside