Ghana Case Law

HOPPER VRS KWETIA (J4/45/2023)

HOPPER VRS KWETIA (J4/45/2023) [2023] GHASC 102 (24 January 2023)

Court

Supreme Court

Case number

J4/45/2023

The plaintiff, as a member and elder of the Royal Nsona Family of Nkanfoa, possessed usufructuary rights over the disputed land, which were interfered with by the defendant's unauthorized acts. The defendant, as Odikro and trustee, could not unilaterally extinguish or disregard these rights. Previous judgments did not estop the plaintiff from asserting these rights. The appeal was dismissed, and the lower courts' decisions affirmed.

Source excerpt

• Usufructuary rights
• Family land disputes
• Customary land tenure
• Trusteeship of stool lands
• Trespass
• Estoppel

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The Republic Vrs Togbe Gbadawu Iv

The Republic Vrs Togbe Gbadawu Iv [2022] GHAHC 63 (1 December 2022)

Court

High Court

The High Court dismissed a contempt application, holding that the applicant failed to prove beyond reasonable doubt that the respondent disobeyed the Supreme Court judgment.

• Contempt of court
• Land ownership
• Allodial title
• Usufructuary rights
• Contempt-of-court
• Customary-land-law

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Kwaku & 2 Ors Vrs Otibu Iv

Kwaku & 2 Ors Vrs Otibu Iv [2021] GHASC 136 (7 July 2021)

Court

Supreme Court

The Supreme Court held that the appellants had customary freehold or usufructuary rights over the 14.06 square miles they occupied, but the respondent remained the allodial owner.

• Title to land
• Customary freehold
• Usufructuary rights
• Limitation of actions
• Trespass
• Damages

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Kwaku and Others Vrs Otubu Iv

Kwaku and Others Vrs Otubu Iv [2021] GHASC 86 (7 July 2021)

Court

Supreme Court

The Supreme Court affirmed title in the respondent but held the appellants had customary freehold rights over 14.06 square miles, setting aside trespass damages and injunction.

• Allodial title
• Customary freehold
• Usufructuary rights
• Limitation of actions
• Trespass
• Damages

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Awadali Iv Vrs Gbadawu Iv

Awadali Iv Vrs Gbadawu Iv [2018] GHASC 1 (24 January 2018)

Court

Supreme Court

The Supreme Court held that the respondent’s family acquired only possessory and user rights through a sale by a licensee, not the allodial title to the land.

• Allodial title
• Usufructuary rights
• Statutory declaration
• Customary land tenure
• Customary-land-law
• Allodial-title

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Awabego Vrs Akubayela and Another

Awabego Vrs Akubayela and Another [2016] GHASC 23 (23 November 2016)

Court

Supreme Court

Supreme Court held that the Tindana of Tindonsobligo held Kalbeo land in trust for the community and that the parties remained bound by their compensation MOU.

• Allodial title
• Usufructuary rights
• Compensation for compulsory acquisition
• Customary land tenure
• Memorandum of understanding enforceability
• Customary-land-tenure

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