J4/33/2021 [2021] GHASC 123 (8 December 2021)

J4/33/2021 [2021] GHASC 123 (8 December 2021)

The respondent’s usufructuary interest, derived from a valid grant, is sufficient to support a declaration of title and recovery of possession. The appellant, by participating in the High Court proceedings without objection, agreed to terminate the customary arbitration, and cannot now rely on estoppel.

Citation
[2021] GHASC 123
Parties
Plaintiff/respondent/respondent: Janet Nana Konadu; Defendant/appellant/appellant: Nana Kofi Frimpong
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 December 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 the High Court action due to pending customary arbitration

Ratio Decidendi

The respondent’s usufructuary interest, derived from a valid grant, is sufficient to support a declaration of title and recovery of possession. The appellant, by participating in the High Court proceedings without objection, agreed to terminate the customary arbitration, and cannot now rely on estoppel.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety