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MADAM MASH AGBESHIE & ANOTHER v. MADAM AMINA AMORKOR & ANOTHER

February 11, 2009

SUPREME COURT

GHANA

CORAM

  • WOOD (MRS),C J (PRESIDING)
  • BROBBEY, J.S.C
  • ANSAH, J.S.C
  • ANIN YEBOAH, J.S.C
  • BAFFOE-BONNIE, J.S.C

Areas of Law

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

AI Generated Summary

This Supreme Court appeal arises from competing claims to House No. 49E/12, Nima, Accra, after the death of purchaser Madam Axorlushie Zomade. Her administrator sued seller Amina Amorkor and co-defendant Fofo Rukiya Laryea seeking declaration of title, possession, ejectment, accounts, and damages, relying on an April 8, 1997 assignment of leasehold, a Land Title Certificate, and a receipt, corroborated by Mash Agbeshie and PW1 Amudzi Roger. The defendants contended Zomade bought only the frontage for shops or was a tenant, invoking family inheritance. A 2002 Circuit Court judgment (Suit No. CCL 73/96) had allocated rooms among heirs, including two rooms to Amorkor. The Supreme Court held res judicata bound the parties by privity and, applying nemo dat, that Amorkor could only convey her two-room share. Affirming the Court of Appeal, the Court clarified Zomade’s successors are entitled to rooms 3 and 4, not the entire house.

JUDGMENT