Muriel Vaughan-Williams v. B. K. Oppong

This was a land title and possession dispute over a 0.32-acre plot at East Legon. The appellant purchased from the Nungua Stool in 1974, executed a lease, registered it in 1975, and fenced and possessed the land for decades through a caretaker. Encroachment began around 1998; the respondent built despite an injunction the appellant obtained in Circuit Court suit 111/98. The respondent bought from Mallam Musa in 1999 and later accepted a customary grant from La Klanaa Quarter in 2004 after relying on their 1991 judgment. The High Court dismissed the appellants claims. On appeal, the Court of Appeal, proceeding by re-hearing under CI 19, found the trial judge failed to resolve key facts, credited the appellants long undisturbed possession, and applied section 10(6) of the Limitation Act to extinguish competing claims. The court held Klanaas grant void under nemo dat and rejected the respondents reliance on Act 2 given his knowledge of litigation and defiance of an injunction. The appeal succeeded, with title declared for the appellant, injunction, removal of the building, restoration at respondents cost, and nominal damages of Ghc 3,000.