ROSE OKRAKU AND MARTHA RIBEIRO v. EBENEZER ASARE AND LANDS COMMISSION

This Ghanaian High Court land dispute centers on the late Major (Rtd.) Samuel Boafo Okraku’s alleged ownership of a 0.15-acre plot at McCarthy Hill, Accra. His widow and daughter, acting as administrators of his estate, sought declarations of title, an injunction, and damages for trespass against the purchaser, supported by the Land Title Registry/Lands Commission as 2nd Defendant. Plaintiffs relied on a 1968 conveyance from Joseph George Sackey and a 2007 search confirming that document. The 1st Defendant asserted a grant from the Gbawe Kwartei family in 2011, tendered historical judgments establishing the family’s allodial title, and claimed the land was bare when acquired. The court emphasized the burden of proof, the evidentiary effect of recitals in written instruments (binding only between parties), and the nemo dat principle. It found Plaintiffs failed to prove the James Town Stool’s title or any grant to Sackey from that stool, accepted DW1’s testimony for the Gbawe Kwartei family, and concluded the 1st Defendant obtained a valid grant and registered title, dismissing Plaintiffs’ claims with costs.