Owusu and Others Vrs Hydraform Estates Ltd [2014] GHASC 150 (26 March 2014)

Owusu and Others Vrs Hydraform Estates Ltd [2014] GHASC 150 (26 March 2014)

The plaintiffs failed to prove title to the disputed land and did not plead or seek possession as a relief; the plea of bona fide purchaser for value was not established due to lack of prudent investigation. The defendant also failed to prove its counterclaim for title. The Court of Appeal erred in granting possession to the plaintiffs. The High Court's dismissal of the plaintiffs' claim and the counterclaim is affirmed.

Citation
[2014] GHASC 150
Parties
Plaintiff/appellant/respondent: Nana Yaw Owusu (suing per his lawful attorney Michael Nii Okine); Plaintiff/appellant/respondent: Paul Nyantakyi; Plaintiff/appellant/respondent: Madam Ellen Mensah; Defendant/respondent/appellant: Hydraform Estates Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 March 2014
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed in part; Court of Appeal's grant of possession to plaintiffs set aside; dismissal of counterclaim affirmed.
Legal Topics
Title to Land, Injunction, Counterclaim, Pleadings, Bona Fide Purchaser, Burden of Proof
Source Language
English
Land Law Civil Procedure Title to Land Injunction Counterclaim Pleadings Bona Fide Purchaser Burden of Proof

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Parties

Nana Yaw Owusu (suing per his lawful attorney Michael Nii Okine)

Plaintiff/appellant/respondent

Paul Nyantakyi

Plaintiff/appellant/respondent

Madam Ellen Mensah

Plaintiff/appellant/respondent

Hydraform Estates Ltd

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs proved title to the disputed land
  2. 2 Whether the Court of Appeal erred in granting possession to the plaintiffs
  3. 3 Whether the plea of bona fide purchaser for value was established

Ratio Decidendi

The plaintiffs failed to prove title to the disputed land and did not plead or seek possession as a relief; the plea of bona fide purchaser for value was not established due to lack of prudent investigation. The defendant also failed to prove its counterclaim for title. The Court of Appeal erred in granting possession to the plaintiffs. The High Court's dismissal of the plaintiffs' claim and the counterclaim is affirmed.

Court Disposition

Appeal allowed in part; Court of Appeal's grant of possession to plaintiffs set aside; dismissal of counterclaim affirmed.

Orders

  • Set aside the right of possession granted by the Court of Appeal to the plaintiffs.
  • Affirm dismissal of the defendant's counterclaim.