Kwasi Vrs Agyakwa [2008] GHACA 8 (17 January 2008)

Kwasi Vrs Agyakwa [2008] GHACA 8 (17 January 2008)

The appellant could not acquire a better title than his grantors, who had no title to the land as determined in Suit No. L67/02. The consent judgment was valid and binding, and there was no evidence of fraud or appeal against it. The trial court was correct in granting judgment for the respondent and dismissing the appellant's counterclaim.

Citation
[2008] GHACA 8
Parties
Plaintiff/respondent: Alexander Kwasi Baah; Defendant/appellant: Owusu Agyarkwa
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
17 January 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Title to Land, Family Land, Consent Judgment, Nemo Dat Quod Non Habet
Source Language
English
Land Law Title to Land Family Land Consent Judgment Nemo Dat Quod Non Habet

Case Brief

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Parties

Alexander Kwasi Baah

Plaintiff/respondent

Owusu Agyarkwa

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court judgment in Suit No. L67/02 was binding on the appellant
  2. 2 Whether the judgment in Suit No. L67/02 was obtained by fraud
  3. 3 Whether the disputed land was family land or belonged to the respondent and his siblings

Ratio Decidendi

The appellant could not acquire a better title than his grantors, who had no title to the land as determined in Suit No. L67/02. The consent judgment was valid and binding, and there was no evidence of fraud or appeal against it. The trial court was correct in granting judgment for the respondent and dismissing the appellant's counterclaim.

Court Disposition

appeal dismissed

Orders

  • Judgment of the High Court in favour of the respondent affirmed
  • Appellant's counterclaim dismissed