Ntim Vrs Opare [2022] GHASC 32 (7 December 2022)

Ntim Vrs Opare [2022] GHASC 32 (7 December 2022)

The trial High Court erred in summarily dismissing the suit as statute-barred without taking evidence to establish when the cause of action accrued and whether the respondent's adverse possession was open, continuous, and known to the appellant for the statutory period; the facts on the pleadings did not conclusively establish limitation, and the issue required trial.

Citation
[2022] GHASC 32
Parties
Plaintiff/appellant/appellant: Nana Korkor Ntim; Defendant/respondent/respondent: Stephanie Ansaa Opare
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 December 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal Affirming High Court Summary Dismissal
Outcome
appeal allowed
Legal Topics
Statute of Limitation, Adverse Possession, Summary Determination of Preliminary Issues, Pleadings and Reply, Remittal for Trial
Source Language
English
Civil Procedure Land Law Statute of Limitation Adverse Possession Summary Determination of Preliminary Issues Pleadings and Reply Remittal for Trial

Case Brief

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Parties

Nana Korkor Ntim

Plaintiff/appellant/appellant

Stephanie Ansaa Opare

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal Affirming High Court Summary Dismissal

Legal Issues

  1. 1 Whether the trial High Court erred in summarily resolving the preliminary issue of whether the action is statute-barred without taking evidence
  2. 2 Whether the facts on the pleadings established 12 years of adverse possession to bar the action under the Limitation Act

Ratio Decidendi

The trial High Court erred in summarily dismissing the suit as statute-barred without taking evidence to establish when the cause of action accrued and whether the respondent's adverse possession was open, continuous, and known to the appellant for the statutory period; the facts on the pleadings did not conclusively establish limitation, and the issue required trial.

Court Disposition

appeal allowed

Orders

  • Judgment of the trial High Court dated 19th July 2019 and the Court of Appeal affirming it are set aside
  • Case remitted to the High Court for retrial before a differently constituted court