KONADU VRS. FRIMPONG (J4/33/2021) [2021] GHASC 197 (8 December 2021)

KONADU VRS. FRIMPONG (J4/33/2021) [2021] GHASC 197 (8 December 2021)

A usufructuary interest in land is a recognized proprietary interest under customary law and can be the subject of a declaration of title and recovery of possession, even against the allodial owner. Participation in court proceedings without objecting to jurisdiction constitutes agreement to terminate pending customary arbitration, and estoppel does not apply.

Citation
[2021] GHASC 197
Parties
Plaintiff/respondent/respondent: Janet Nana Konadu; Defendant/appellant/appellant: Nana Kofi Frimpong
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 December 2021
Case Number
J4/33/2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Usufructuary Interest, Allodial Title, Customary Arbitration, Declaration of Title, Recovery of Possession, Perpetual Injunction, Estoppel
Source Language
English
Land Law Customary Law Usufructuary Interest Allodial Title Customary Arbitration Declaration of Title Recovery of Possession Perpetual Injunction +1 more

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Parties

Janet Nana Konadu

Plaintiff/respondent/respondent

Nana Kofi Frimpong

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a usufructuary interest can be the subject of a declaration of title and recovery of possession against the allodial owner
  2. 2 Whether the respondent was estopped from instituting an action in the High Court due to pending customary arbitration

Ratio Decidendi

A usufructuary interest in land is a recognized proprietary interest under customary law and can be the subject of a declaration of title and recovery of possession, even against the allodial owner. Participation in court proceedings without objecting to jurisdiction constitutes agreement to terminate pending customary arbitration, and estoppel does not apply.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Judgment of the High Court and Court of Appeal affirmed