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

JAMES OKPATA v. DR. R. A. M. HAMMOND

2012

COURT OF APPEAL

GHANA

CORAM

  • FRANCIS KUSI-APPIAH J.A. (PRESIDING)
  • MARIAMA OWUSU, J.A.
  • FRANCIS KORBIEH J.A

Areas of Law

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

AI Generated Summary

The Court of Appeal, per Mariama Owusu J.A., allowed an appeal brought by a landowner against a High Court decision that dismissed both the plaintiff’s claim and the defendant’s counterclaim but permitted the plaintiff to continue using his structures. The dispute centered on a 1½‑acre parcel at Kponkpo, near Teiman. The respondent, a caretaker and farmer, claimed the appellant gifted him the land absolutely for services rendered; the appellant denied any gift, stating only temporary structures were permitted and that services were compensated. Applying Asare v. Kumoji, the court held a valid gift requires either a deed or an oral customary gift with an aseda in the presence of witnesses—mere thanks was inadequate—and under sections 11 and 12 the respondent failed to prove a gift. The court further relied on sections 27 and 28 and Antie & Adjuwuah v. Ogblo to find that by challenging the appellant’s title, the respondent forfeited any license. Given the strained relations and criminal complaint, the court ordered ejectment, upheld the counterclaim, and awarded GH¢1,000 costs.

JUDGMENT