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Muriel Vaughan-Williams v. B. K. Oppong

2012

COURT OF APPEAL

GHANA

CORAM

  • Akamba, J.A.
  • Acquaye, J.A.
  • A. Dordzie, J.A.

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

The plaintiff (Appellant) sought various claims related to a parcel of land in East Legon against the defendant (Respondent) who had built a house on it. The trial court initially ruled in favor of the Respondent, but this decision was appealed by the Appellant on the grounds that the judgment was against the weight of evidence. The Appeal Court reviewed the case, emphasizing the long undisturbed possession by the Appellant and inconsistencies in the Respondent's claims. The court set aside the trial court’s judgment, declared the appellant the owner of the land, and ordered the removal of the Respondent's building. Several legal principles, including the duty of the trial court to resolve primary facts, the application of unknown law, and the principle that long undisturbed possession confers possessory title, were highlighted. Ultimately, the appeal succeeded, granting the appellant recovery of the land and nominal damages.

JUDGMENT