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KWAWUVI AGBONUTSI VS WILLIAM KWAKU AGOZIE

May 23, 2024

COURT OF APPEAL

GHANA

CORAM

  • SENYO DZAMEFE. JA (PRESIDING)
  • GIFTY AGYEI ADDO JA
  • CHRISTOPHER ARCHER JA

Areas of Law

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

AI Generated Summary

This interlocutory appeal arises from a High Court ruling in Sogakope that, within a joinder application, declared the Defendant not a bona fide purchaser for value without notice regarding land at Kewikpo claimed by the Dakpui family. The Plaintiff, acting as head of the Dakpui family of Mafi-Lokokope, sued for declaration of title, trespass damages, recovery, and injunction, referencing a 2021 High Court judgment affirming family ownership. The Defendant maintained he leased the land from Torgbue Torbgo Dakpoe with consent of principal family members and invested in oil palm and coconut plantations, asserting bona fide purchaser status and readiness to attorn tenancy to the rightful owner. On appeal, the Court of Appeal set a sole issue: whether the trial judge could properly decide bona fide purchaser status on a joinder motion. Holding that this substantive issue must be tried at full trial or as a preliminary issue under Order 33 of C.I. 47, the Court set aside the offending portion of the ruling and awarded GH¢5,000 costs to the Defendant/Appellant.

JUDGMENT