Dorbi and Another Vrs Frimpong and Another [2013] GHASC 136 (30 January 2013)

Dorbi and Another Vrs Frimpong and Another [2013] GHASC 136 (30 January 2013)

The appellants' title to the land was sufficiently established by physical evidence of development and the respondent's payment acknowledging their interest. Procedural lapses did not vitiate the judgment since the parties fully litigated the substantive issues, and the trial judge's findings of fact should not have been disturbed by the appellate court.

Citation
[2013] GHASC 136
Parties
Plaintiff/respondent/appellant: Major Mac Dorbi; Plaintiff/respondent/appellant: W. O. Saviour; Defendant/appellant/respondent: Richard Adom Frimpong; Defendant/appellant/respondent: George Gyesi; Defendant/appellant/respondent: Mar Geors Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 January 2013
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed
Legal Topics
Title to Land, Pleadings and Procedure, Waiver of Procedural Rights, Counterclaim, Appellate Review
Source Language
English
Land Law Civil Procedure Title to Land Pleadings and Procedure Waiver of Procedural Rights Counterclaim Appellate Review

Case Brief

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Parties

Major Mac Dorbi

Plaintiff/respondent/appellant

W. O. Saviour

Plaintiff/respondent/appellant

Richard Adom Frimpong

Defendant/appellant/respondent

George Gyesi

Defendant/appellant/respondent

Mar Geors Ltd

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the appellants had valid title to the disputed land
  2. 2 Whether procedural lapses (failure to enter appearance or file defence) vitiated the judgment in favour of W. O. Saviour
  3. 3 Whether the Court of Appeal erred in reversing the trial judge's findings of fact

Ratio Decidendi

The appellants' title to the land was sufficiently established by physical evidence of development and the respondent's payment acknowledging their interest. Procedural lapses did not vitiate the judgment since the parties fully litigated the substantive issues, and the trial judge's findings of fact should not have been disturbed by the appellate court.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal set aside
  • Judgment of the High Court restored