Ahadzi and Another Vrs Sowah and Other [2019] GHASC 16 (21 March 2019)

Ahadzi and Another Vrs Sowah and Other [2019] GHASC 16 (21 March 2019)

Defendants failed to prove that the land in dispute was part of Kle Musum Quarter land or covered by the 1965 declaration or previous judgments. Plaintiffs established their title by registered certificates and credible evidence of acquisition from the Nungua Stool. No fraud or mistake was proved in the registration. The Court of Appeal erred in relying on Exhibit '9' as res judicata. Plaintiffs' title prevails.

Citation
[2019] GHASC 16
Parties
Plaintiff/respondent/appellant: Mrs Agnes Ahadzi; Plaintiff/respondent/appellant: Pioneer Mall Ltd; Defendant/appellant/respondent: Boye Sowah (substituted by Samuel Nortey); Defendant/appellant/respondent: Nii Nortey Adjeifio; Defendant/appellant/respondent: Nuumo Adjei Kwanko II
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 March 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal allowed; Court of Appeal judgment set aside; High Court judgment restored with modification
Legal Topics
Title to Land, Registration of Land, Burden of Proof, Res Judicata, Statutory Declarations, Customary Land Tenure
Source Language
English
Land Law Evidence Customary Law Title to Land Registration of Land Burden of Proof Res Judicata Statutory Declarations +1 more

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Parties

Mrs Agnes Ahadzi

Plaintiff/respondent/appellant

Pioneer Mall Ltd

Plaintiff/respondent/appellant

Boye Sowah (substituted by Samuel Nortey)

Defendant/appellant/respondent

Nii Nortey Adjeifio

Defendant/appellant/respondent

Nuumo Adjei Kwanko II

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether plaintiffs are bona fide grantees of the land by virtue of Land Certificates Nos. GA 9043 and GA 13523
  2. 2 Whether the land in dispute forms part of Kle Musum Quarter land at Teshie
  3. 3 Whether 3rd defendant’s title has priority over plaintiffs and their grantor

Ratio Decidendi

Defendants failed to prove that the land in dispute was part of Kle Musum Quarter land or covered by the 1965 declaration or previous judgments. Plaintiffs established their title by registered certificates and credible evidence of acquisition from the Nungua Stool. No fraud or mistake was proved in the registration. The Court of Appeal erred in relying on Exhibit '9' as res judicata. Plaintiffs' title prevails.

Court Disposition

appeal allowed; Court of Appeal judgment set aside; High Court judgment restored with modification

Orders

  • Plaintiffs awarded general damages of GHC80,000.00
  • Judgment of the High Court dated 4th July, 2011 restored