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MARGARET KESSIWA AKYIREM v. DAVIS BORTIEH & MRS ESTHER ARTHUR

2016

HIGH COURT

GHANA

CORAM

  • ALEXANDER OSEI TUTU J.

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

The plaintiff sued for declaration of title to a parcel of land in Accra and other related reliefs. The court found significant discrepancies and inconsistencies in the plaintiff's claims and evidence, particularly concerning the validity of the Deed of Conveyance and the representation from the Nungua Stool, leading to the conclusion that the document was forged and invalid. Both the plaintiff and the second defendant's titles stemmed from an original invalid conveyance made by the Nungua Stool to the three brothers, in violation of the 1992 Constitution prohibiting the creation of freehold interests in stool lands. As a result, the court ruled that the initial grant to the brothers and any subsequent transactions were void and ordered the land to revert to the Nungua Stool. The plaintiff was awarded a refund of the amount paid for the now-invalidated land transaction.

JUDGMENT