Fred Robert Coleman -vrs- Joe Tripollen & 4 Others [2013] GHACA 7 (7 November 2013)

Fred Robert Coleman -vrs- Joe Tripollen & 4 Others [2013] GHACA 7 (7 November 2013)

The appellant established his capacity to sue, proved long and undisturbed possession, and produced a registered indenture predating the Land Registry Act. The trial judge erred in awarding reliefs not sought by the respondents and in dismissing the appellant’s claim. The evidence supported the appellant’s title and possession, and the respondents were estopped by acquiescence and limitation.

Citation
[2013] GHACA 7
Parties
Plaintiff/appellant: Fred Robert Coleman; Defendant/respondent: Joe Tripollen; Defendant/respondent: Mr. Boateng; Defendant/respondent: Mr. Danso (subt. By Kwasi Ofori); Defendant/respondent: Mr. Ebenezer; Defendant/respondent: Mr. Odonkor
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
7 November 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment and consequential orders of trial court set aside; judgment entered for appellant.
Legal Topics
Title to Land, Capacity to Sue, Counterclaims, Limitation of Actions, Registration of Title
Source Language
English
Land Law Customary Law Civil Procedure Title to Land Capacity to Sue Counterclaims Limitation of Actions Registration of Title

Case Brief

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Parties

Fred Robert Coleman

Plaintiff/appellant

Joe Tripollen

Defendant/respondent

Mr. Boateng

Defendant/respondent

Mr. Danso (subt. By Kwasi Ofori)

Defendant/respondent

Mr. Ebenezer

Defendant/respondent

Mr. Odonkor

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant proved title to the disputed land
  2. 2 Whether the trial judge erred in awarding reliefs not sought by the respondents
  3. 3 Whether the appellant had capacity to sue as head of family

Ratio Decidendi

The appellant established his capacity to sue, proved long and undisturbed possession, and produced a registered indenture predating the Land Registry Act. The trial judge erred in awarding reliefs not sought by the respondents and in dismissing the appellant’s claim. The evidence supported the appellant’s title and possession, and the respondents were estopped by acquiescence and limitation.

Court Disposition

Appeal allowed; judgment and consequential orders of trial court set aside; judgment entered for appellant.

Orders

  • Declaration of title to the land in favour of appellant
  • Recovery of possession from respondents