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KWEINOR TEI KWABLA FORZEE & ORS v. NENE KWAKU DARPOH & ORS

2016

SUPREME COURT

GHANA

CORAM

  • Anin Yeboah
  • Baffoe-Bonnie
  • Benin
  • Akamgba
  • Appau

Areas of Law

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

AI Generated Summary

This Supreme Court judgment, authored by Yaw Appau, JSC, arises from a land ownership dispute over approximately 9,404 acres at Terkpenya in Greater Accra. Kweinor Tei Kwabla, head of the Forzie Family of Old Ningo, sued to declare title and challenge two registered interests: a vesting assent in favour of Nene Kwaku Darpoh (Chief of Dawhenya; Arden & Darpoh Family) and a lease executed by Numo Awuley Kwao (Awuley Kwao Family of Miotso, Prampram). The Lands Commission entered appearance but remained neutral. The High Court dismissed both the Plaintiff’s claims and the 1st Defendant’s counter-claim, awarding costs to the 3rd Defendant; the Court of Appeal affirmed. On further appeal, the Supreme Court emphasized the narrow scope for disturbing concurrent findings and found the 1st Defendant failed to prove the identity and boundaries of the land claimed, with shifting acreage and inconsistent descriptions. The Court confirmed that the registered vesting assent and lease were not expunged, struck out the Plaintiff’s unsolicited submissions, and declined to set boundaries between the Prampram families since no such issue was pleaded.

JUDGMENT