Prempeh Vrs Ofei-kwapong [2020] GHASC 138 (21 October 2020)

Prempeh Vrs Ofei-kwapong [2020] GHASC 138 (21 October 2020)

The plaintiff failed to prove the root of title to the disputed land, and the land was found to fall within the Osae Family land as previously adjudged. The acts of possession by the plaintiff were insufficient to establish ownership. There were no grounds to disturb the concurrent findings of the lower courts.

Citation
Prempeh Vrs Ofei-kwapong [2020] GHASC 138 (21 October 2020)
Parties
Plaintiff/appellant/appellant: Agya Boakye Atomsah Prempeh; Defendant/respondent/respondent: Eric Ofei-Kwapong
Court
ghasc
Jurisdiction
Ghana
Judgment Date
21 October 2020
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Outcome
appeal dismissed
Legal Topics
Title to Land, Concurrent Findings, Burden of Proof, Possession, Boundaries
Source Language
eng
Land Law Property Law Title to Land Concurrent Findings Burden of Proof Possession Boundaries

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Parties

Agya Boakye Atomsah Prempeh

Plaintiff/appellant/appellant

Eric Ofei-Kwapong

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the plaintiff proved root of title to the disputed land
  2. 2 Whether the land in dispute falls within the land adjudged to Osae Family by the Supreme Court
  3. 3 Whether acts of possession by the plaintiff were sufficient to establish ownership

Ratio Decidendi

The plaintiff failed to prove the root of title to the disputed land, and the land was found to fall within the Osae Family land as previously adjudged. The acts of possession by the plaintiff were insufficient to establish ownership. There were no grounds to disturb the concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.