SRAHA & ANOTHER VRS AGBOSU & 3 OTHERS (H1/122/21) [2022] GHACA 124 (24 November 2022)

SRAHA & ANOTHER VRS AGBOSU & 3 OTHERS (H1/122/21) [2022] GHACA 124 (24 November 2022)

Plaintiffs are estopped by conduct and limitation from asserting title to Sraha Lands, having failed to participate in prior litigation and allowed defendants to exercise overt acts of ownership for decades. Fraud was not proved beyond reasonable doubt. Supreme Court judgment operates as res judicata. Identity of land was not in dispute.

Citation
[2022] GHACA 124
Parties
Plaintiff/appellant: Numo Obeney Kodjo Okan Sraha (Substituted by Madam Fofo Obeney Okan Sraha); Plaintiff/appellant: Numo Sowah Obeney @ Osabu Wulomo; Defendant/respondent: Adjetey Agbosu; Defendant/respondent: Rueben Quaye; Defendant/respondent: Alfred Adjei Ablor; Defendant/respondent: Land Registration Division of Land Commission
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
24 November 2022
Case Number
H1/122/21
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed except on first ground; all other grounds lack merit.
Legal Topics
Title to Land, Estoppel, Fraud in Pleadings, Limitation of Actions, Identity of Land, Family Land Ownership
Source Language
English
Land Law Civil Procedure Equity Title to Land Estoppel Fraud in Pleadings Limitation of Actions Identity of Land +1 more

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Parties

Numo Obeney Kodjo Okan Sraha (Substituted by Madam Fofo Obeney Okan Sraha)

Plaintiff/appellant

Numo Sowah Obeney @ Osabu Wulomo

Plaintiff/appellant

Adjetey Agbosu

Defendant/respondent

Rueben Quaye

Defendant/respondent

Alfred Adjei Ablor

Defendant/respondent

Land Registration Division of Land Commission

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Sraha Lands form part of Numo Nmashie family lands
  2. 2 Whether plaintiffs' ancestors were first settlers and founders of Sraha village
  3. 3 Whether plaintiffs and their ancestors have been in possession of Sraha Lands

Ratio Decidendi

Plaintiffs are estopped by conduct and limitation from asserting title to Sraha Lands, having failed to participate in prior litigation and allowed defendants to exercise overt acts of ownership for decades. Fraud was not proved beyond reasonable doubt. Supreme Court judgment operates as res judicata. Identity of land was not in dispute.

Court Disposition

Appeal dismissed except on first ground; all other grounds lack merit.

Orders

  • Plaintiffs' claims dismissed in entirety.
  • Defendants' title to Sraha Lands affirmed.