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CHARLES LAMPTEY & ORS v. SAMUEL HARUNA NOAH & ORS

2021

COURT OF APPEAL

GHANA

CORAM

  • OFOE,J.A
  • WOOD, J.A
  • ARYENE, J.A

Areas of Law

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

AI Generated Summary

The Ghana Court of Appeal, per OFOE, J.A., resolved a long‑running family dispute concerning House No. D945/3, Derby Avenue, Accra, originally devised by John Noah in 1922. The High Court had ruled that historic enjoyment in four ‘gates’ estopped claims of five categories, held defendants lacked authority and acted in bad faith in extending the tenant’s lease, ordered renegotiation rather than nullification, partitioned the property into four, and directed accounting from 1979. On appeal, the Court of Appeal affirmed the plaintiffs’ capacities based on Letters of Administration, but held that a prior 2011 High Court interpretation identifying five beneficiary categories could not be disturbed under res judicata. It varied the accounting order to cover only rents from 2006 under the Limitation Act, set aside the partition as vague, and upheld renegotiation of the tenant’s lease—dismissing the plaintiffs’ cross‑appeal seeking nullification.

JUDGMENT