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FREDERICK NYAMEKYE VS F.K.A. COMPANY

2024

SUPREME COURT

GHANA

CORAM

  • SACKEY TORKORNOO, CJ (PRESIDING)
  • OWUSU JSC
  • ASIEDU JSC
  • DARKO ASARE JSC
  • ADJEI-FRIMPONG JSC

Areas of Law

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

AI Generated Summary

The Supreme Court upheld the Plaintiff's title to the land initially granted by the Weija Stool in 1980. The Plaintiff demonstrated continuous possession and took actions against encroachers to affirm its ownership. The Defendant's acquisition in 2002 from the same Stool was invalid under the Nemo Dat Quod Non Habet rule. Additionally, the arguments centered around the claim that the land was government-owned and the Plaintiff's lack of capacity were dismissed. The Supreme Court reaffirmed previous decisions and emphasized the importance of consistency and reliance on past judgments.

JUDGMENT