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KUMA AND ANOTHER v. KOI-LARBI

1990

SUPREME COURT

GHANA

CORAM

  • ADADE
  • FRANCOIS
  • WUAKU
  • OSEI-HWERE
  • AIKINS JJ.S.C

Areas of Law

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

AI Generated Summary

Delivering the Supreme Court’s judgment, Aikins J.S.C. addressed a land dispute arising out of a 1940 lease by the Nii Odoi Kwao family to the Akwapim Union for 99 years, later fractured by mid-century grants to third parties and a 1978 conveyance to Adelaide Newman, widow of Kwaku Addo. The plaintiff, who had received 1980 assignments from the Union and its president, sued a licensee who refused to attorn; Newman joined, asserting forfeiture and re-entry by the family and challenging the trustee’s capacity. The Court of Appeal had reversed the circuit court and entered judgment for the plaintiff. The Supreme Court held that the 1957 Baidoo v. Mallah judgment operates as estoppel against the family, rejected forfeiture based on non-payment where rent was refused, emphasized that re-entry must be pursued via ejectment with statutory relief available, declined to decide internal Union trustee issues on the record, and dismissed the appeal.

JUDGMENT