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MICHAEL ODAI LOMOTEY & ORS v. KWOW RICHARDSON & ORS

June 15, 2022

SUPREME COURT

GHANA

CORAM

  • DOTSE JSC (PRESIDING)
  • PWAMANG JSC
  • DORDZIE (MRS.) JSC
  • HONYENUGA JSC
  • KULENDI JSC

Areas of Law

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

AI Generated Summary

This Supreme Court land dispute centers on a 14.46‑acre parcel at Nungua/Adjiringanor claimed by administrators Michael Odai Lomotey and Ebenezer Otu Makpoi through a 1962 deed from Nii Odai Ayiku IV, Nungua Mantse. Government later acquired 8.49 acres for the Accra–Tema Motorway and paid compensation. Plaintiffs alleged trespass by estate developer defendants and involvement by the Lands Commission. The defendants relied on grants from the Teshie‑based Numo Kofi Anum and Nii Ashong Mlitse families; co‑defendant Frederick Shamo Kwei joined, asserting title in the Numo Kofi Anum family. The High Court dismissed plaintiffs’ claims and upheld the co‑defendant’s counterclaim. The Court of Appeal reversed, citing location, stamping, and capacity. On further appeal, the Supreme Court ordered a composite survey; the plan showed about 98% of plaintiffs’ claimed land lies within the judgment plan previously adjudged to belong to the Numo Kofi Anum family. Emphasizing stare decisis and correcting evidentiary and procedural errors (including the admissibility of a stamped MOU and flexible family representation), the Supreme Court set aside the Court of Appeal judgment, restored the High Court’s decision, and amended the suit title to reflect the co‑defendant suing on behalf of the Numo Kofi Anum family.

JUDGMENT