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NII LANTE MILLS v. MILDRED AMA WOODE

2021

COURT OF APPEAL

GHANA

CORAM

  • DENNIS ADJEI, J.A (PRESIDING)
  • BERNASKO-ESSAH, J.A
  • ADJEI-FRIMPONG, JA

Areas of Law

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

AI Generated Summary

The Court of Appeal, per Adjei-Frimpong J.A., with Dennis Adjei and Sophia Bernasko Essah concurring, dismissed the defendant’s appeal and affirmed the High Court’s judgment declaring the plaintiff the bona fide owner of land at Nungua New Town. The plaintiff purchased through a 1990 assignment from Kwabena Nkrumah, whose 1975 lease from the Nungua Stool (Nii Odai Ayiku IV) was registered. After a 1991 judgment in Nii Kotey Amli III v Rebecca Kuffour confirming La Klanaa’s title, Nii Kotey Amli entered and granted the same land to the defendant, leading to conflict; the plaintiff paid compensation and sought regularization. The Court held that a subsequent judgment cannot defeat a prior purchaser’s title (Mercantile; Abbey; Attram), rejected fraud allegations under the Evidence Act’s presumption of regularity, found limitation/adverse possession unpleaded and unproven, determined La Klanaa’s interest was reversionary, and noted the defendant had notice of encumbrances. The appeal was dismissed with costs to the plaintiff.

JUDGMENT