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NANCY ACQUAAH v. JOSHUA TETTEH & OTHERS

2021

COURT OF APPEAL

GHANA

CORAM

  • L.L MENSAH, J.A (PRESIDING)
  • MERLEY A. WOOD, J.A (MRS)
  • ERIC BAAH, J.A

Areas of Law

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

AI Generated Summary

The Ghana Court of Appeal, per Merley A. Wood JA with L.L. Mensah JA and Eric Baah JA concurring, affirmed the High Court’s judgment in favor of Nancy Acquah and her daughters concerning Adjiringanor land acquired from the Ashong Mlitse Family in 2000. The Court dismissed Kennedy Andam’s preliminary objection alleging lack of jurisdiction based on service outside Ghana, holding he waived any irregularity by filing a defence and motions. Although the High Court misreceived Exhibit C (the lease) insofar as it was unregistered and thus lacked effect, the Court of Appeal found ample independent proof of Plaintiff’s prior acquisition and possession, including a receipt (Exhibit B), a fence wall, and a caretaker’s occupancy. Exhibit 2’s terms showed Andam contracted for a house to be built, undermining his lintel-level claim; under the Evidence Act’s conclusive presumption by deed and the doctrine of constructive notice from visible possession, 2nd Defendant lacked title and Andam was not a bona fide purchaser. The appeal was dismissed with GHȼ10,000 costs.

JUDGMENT