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NANA AMUA GYEBU v. MONDIAL VENEER (GH) LTD

August 11, 2010

SUPREME COURT

GHANA

CORAM

  • WOOD (MRS), CJ (PRESIDING)
  • BROBBEY, JSC
  • DOTSE, JSC
  • YEBOAH, JSC
  • ARYEETEY, JSC

Areas of Law

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

AI Generated Summary

Chief Justice Georgina Theodora Wood delivered reasons for the Supreme Court of Ghana’s dismissal of the appellant company’s second appeal from a Court of Appeal judgment in a land dispute with the Apowa Stool. The controversy concerned whether the stool conveyed an additional 29 acres beyond the undisputed 61-acre grant made in 1993. After the new chief, enstooled in 2001, discovered encroachment and wall construction on the extra land, he sought declaration of title, possession, trespass damages, and an injunction. The High Court found for the chief; the Court of Appeal affirmed, reducing damages and costs. Applying established limits on second appellate interference with concurrent findings, the Supreme Court emphasized the appellant’s failure to produce primary evidence, its reliance on a self-serving statutory declaration and a Lands Commission proforma, missing key documents, and the absence or death of crucial witnesses (including the alleged recipient J.B. Eshun and the company’s accountant Joseph Andoh). The Court affirmed the lower courts and noted the appellate court’s minor factual error did not affect the result.

JUDGMENT