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ADISA BOYA v. MUJEEB (SUBSTITUTED BY ADAMA MOHAMMED & ZENABU MOHAMMED)

2018

SUPREME COURT

GHANA

CORAM

  • ADINYIRA, JSC (PRESIDING)
  • DOTSE, JSC
  • BAFFOE-BONNIE, JSC
  • GBADEGBE, JSC
  • BENIN, JSC

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Probate and Succession

AI Generated Summary

Gbadegbe JSC, writing for a panel comprising Adinyira JSC (Presiding), Dotse JSC, Baffoe-Bonnie JSC and Benin JSC, resolved a dispute over land in Ayigya by affirming the Court of Appeal. Both parties claimed title through the Hia-Topre stool: the plaintiff asserted a 1990s grant later formalized by a conveyance and relied on a District Court, Kumasi conviction of the 1st defendant for obstruction. The defendants traced their title to their late father Mohammed Suley’s 15 January 1970 allocation and long possession, including a residence and property rates. Applying appellate caution, the Supreme Court found the trial judge erred by elevating conveyance and a criminal conviction over clear evidence of prior grant and possession. Invoking Amuzu v Oklika, it held the plaintiff’s subsequent grant void, rejected issue estoppel, clarified writing is not a sine qua non to customary grants, and upheld defendants’ capacity under PNDC Law 112 and the finality aims of CI 47.

JUDGMENT