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MADAM LINDA SAGOE & ORS v. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST (SSNIT)

2012

SUPREME COURT

GHANA

CORAM

  • AKUFFO[MS.],(JSC),(PRESIDING)
  • ADINYIRA [MRS.], JSC
  • OWUSU [MS], JSC
  • YEBOAH, JSC
  • GBADEGBE, JSC

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Tort Law

AI Generated Summary

This Supreme Court appeal arises from a land dispute in Dunkonaa, Greater Accra. Individuals who had purchased plots from the James Town Stool sued after the defendant corporation, which held a 99-year lease over 507.75 acres allocated from a larger tract compulsorily acquired under EI 5 of 1993, entered the land, served notices, and demolished structures it considered encroachments. At trial, the Accra High Court awarded the plaintiffs special damages, granted an injunction, and cancelled the defendant’s Land Title Certificate. The Court of Appeal reversed, finding the plaintiffs failed to prove the identities and titles to their plots relative to the acquisition area. On further appeal, the Supreme Court held that the plaintiffs bore—and failed—the burdens under the Evidence Act to prove title and encroachment. Emphasizing that possession yields to better title and that state acquisition extinguishes prior interests, the Court affirmed the Court of Appeal and dismissed the appeal.