Bandoh Vrs Apeagyei-gyamfi [2019] GHASC 50 (6 June 2019)

Bandoh Vrs Apeagyei-gyamfi [2019] GHASC 50 (6 June 2019)

The lease granted to appellant’s mother in 1979 was valid as the destoolment of Nii Odai Ayiku IV was not made public until 1983, and the acts done before then are protected by equity and fairness. The judgment in Banga v. Djanie, delivered after the appellant’s lease, cannot affect her title. Appellant’s long possession confers possessory title by adverse possession. The Court of Appeal erred in holding otherwise.

Citation
[2019] GHASC 50
Parties
Plaintiff/respondent/appellant: Susan Bandoh; Defendant/appellant/respondent: Dr. Mrs. Maxwell Apeagyei-Gyamfi; Defendant/appellant/respondent: Alex Gyimah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 June 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Title to Land, Adverse Possession, Capacity to Sue, Effect of Prior Judgments, Limitation of Actions
Source Language
English
Land Law Succession Law Civil Procedure Title to Land Adverse Possession Capacity to Sue Effect of Prior Judgments Limitation of Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Susan Bandoh

Plaintiff/respondent/appellant

Dr. Mrs. Maxwell Apeagyei-Gyamfi

Defendant/appellant/respondent

Alex Gyimah

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether appellant’s lease from the Nungua Stool executed in 1979 is void due to the alleged destoolment of her grantor, Nii Odai Ayiku IV
  2. 2 Whether appellant’s lease is affected by the judgment in Banga v. Djanie
  3. 3 Whether appellant had capacity to sue as a beneficiary without letters of administration

Ratio Decidendi

The lease granted to appellant’s mother in 1979 was valid as the destoolment of Nii Odai Ayiku IV was not made public until 1983, and the acts done before then are protected by equity and fairness. The judgment in Banga v. Djanie, delivered after the appellant’s lease, cannot affect her title. Appellant’s long possession confers possessory title by adverse possession. The Court of Appeal erred in holding otherwise.

Court Disposition

appeal allowed

Orders

  • Decision of the Court of Appeal reversed
  • Judgment entered for appellant on all claims endorsed on the writ of summons