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NII KPOBI TETTEY TSURU III v. NII AGO SAI & ORS

March 24, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, JSC (PRESIDING)
  • ANSAH, JSC
  • OWUSU (MS), JSC
  • DOTSE, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

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

AI Generated Summary

This Supreme Court case resolves a long-standing dispute over the allodial title to Ogbojo lands near Accra, contested by the La Stool and the Anahor and Dzirase families of Ogbojo. The La Mantse claimed the lands as La Stool rural lands acquired by conquest in 1690, while the Ogbojo families asserted title through first settlement and decades of acts of ownership, including documented and registered grants to third parties in active possession. After the High Court declared the family ownership and the Court of Appeal reversed and enjoined the Ogbojo headman, the Supreme Court, in multiple concurring opinions, allowed the appeal, set aside the Court of Appeal’s decision, and restored the High Court’s judgment. Applying principles on testing traditional history against recent acts, deference to trial findings, and estoppel by conduct, the Court held the allodial title lies with the Anahor and Dzirase families. It also addressed joinder, maintaining the corporate grantees as parties and striking out the Managing Director.