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ASAFOATSE LAWER KORNOR DJABAKOR v. TETTEHYUM AMARTEY

June 9, 2010

SUPREME COURT

CORAM

  • BROBBEY, JSC (PRESIDING)
  • DATE-BAH (DR), JSC
  • YEBOAH, JSC
  • ARYEETEY, JSC
  • AKOTO-BAMFO (MRS), JSC

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The Supreme Court of Ghana, per ARYEETEY, JSC, resolved a dispute over ancestral land at Old Kadjanya between the Djabakor-Akposuer-Kornor family of the Tsangmer clan and descendants of Numo Amartey. The family’s ancestors acquired the land by settlement and licensed Amartey’s ancestor in 1910. The defendants refused to recognize the family’s ownership and asserted ownership themselves. The High Court granted all reliefs. The Court of Appeal affirmed ownership but held the plaintiff lacked capacity, citing doubts about ‘functional’ versus ‘ceremonial’ headship. On further appeal, the Supreme Court held the trial judge’s headship finding, based on witness credibility and documentary acts, was a primary factual determination supported by evidence and not amenable to appellate substitution absent recognized grounds. Reaffirming that a head of family sues on land matters and emphasizing appellate deference, the Court unanimously allowed the appeal, restoring the plaintiff’s capacity.