Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

BENJAMIN QUARCOPOME SACKEY v. ISSAKA A. MUSA

May 20, 2010

COURT OF APPEAL

GHANA

CORAM

  • H. ABBAN (MRS.), J. A. (PRESIDING)
  • KUSI – APPIAH, J. A.
  • GYAESAYOR, J. A

Areas of Law

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

AI Generated Summary

On appeal from the Circuit Court in Accra, the Court of Appeal, per Kusi-Appiah, J.A., resolved a long-running Abeka land dispute involving grants from the Asere Stool. The plaintiff relied on a 1964 grant by Asere Mantse Nii Akramah II and a 1992 Land Title Certificate after possession and construction. The defendant asserted a 1972 grant from the same Mantse, an indenture by Asere elders in 1974, and an additional 1986 conveyance from the Nikoi Olai stool family registered at the Lands Department, and alleged the plaintiff procured his certificate by fraud. The appellate court held the identity of the land was an agreed fact and the trial judge erred by treating it as disputed. Applying the rule that with a common grantor the earlier grant prevails, and the nemo dat principle, the court set aside the Circuit Court’s judgment and entered judgment for the plaintiff on all claims.

JUDGMENT