Sackey Vrs Musah [2015] GHASC 99 (21 October 2015)

Sackey Vrs Musah [2015] GHASC 99 (21 October 2015)

The Supreme Court held that the identity of the disputed land must be scientifically established before determining the substantive issues of title and priority. The court ordered a survey plan with instructions for both parties to file survey instructions using their respective land documents, as this was necessary to do justice and prevent a failure of justice.

Citation
[2015] GHASC 99
Parties
Plaintiff/appellant/respondent: Benjamin Quarcoopome Sackey; Defendant/respondent/appellant: Issaka A. Musah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 October 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Order for survey plan; further proceedings pending outcome of survey
Legal Topics
Title to Land, Land Registration, Fraud in Land Transactions, Survey and Identification of Land, Appeals Process
Source Language
English
Land Law Civil Procedure Title to Land Land Registration Fraud in Land Transactions Survey and Identification of Land Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Benjamin Quarcoopome Sackey

Plaintiff/appellant/respondent

Issaka A. Musah

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the respondent proved title to the disputed land
  2. 2 Whether the respondent's land title certificate was obtained by fraud
  3. 3 Whether the identity of the disputed land was established

Ratio Decidendi

The Supreme Court held that the identity of the disputed land must be scientifically established before determining the substantive issues of title and priority. The court ordered a survey plan with instructions for both parties to file survey instructions using their respective land documents, as this was necessary to do justice and prevent a failure of justice.

Court Disposition

Order for survey plan; further proceedings pending outcome of survey

Orders

  • Both parties to file survey instructions using their respective land documents
  • A survey plan of the disputed land to be prepared to determine if the parties are disputing the same parcel of land