DORA BOATENG v. McKWEON INVESTMENT LIMITED
May 2, 2017
COURT OF APPEAL
GHANA
CORAM
- ADJEI,J.A
- SOWAH,J.A
- MENSAH,J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
AI Generated Summary
This appeal by Mckweon Investment Limited challenges the Circuit Court, Koforidua’s 30 October 2015 judgment that favored Madam Dora Boateng. Boateng relied on a 6 December 2000 conveyance from Mr. Kwame Kissiedu Kwaasi, who styled himself as a family head, registering it in 2014. The Defendant holds 46.98 acres via Naggesten Farms from the same family, with Boateng’s parcel within that tract. The Circuit Court ordered a composite plan; the Plaintiff complied but the Defendant did not. On appeal, the Court of Appeal treated a second notice filed on 26 January 2016 as additional grounds within time, found the site‑plan issue immaterial because land identity was undisputed, and reevaluated the evidence under the omnibus ground. Determining that Kwaasi lacked capacity and that the conveyance’s recitals (ancestral family land) bound the parties under Evidence Act section 25, the Court applied nemo dat, held the Plaintiff’s grant void, found Naggesten Farms’ grant valid, set aside the lower court’s judgment, and granted declaration of title and an injunction to the Defendant.