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THEOPHILUS ADJETEY v. PHILIP KWAME AGBAYOMEH & TEMA DEVELOPMENT CORPORATION

January 17, 2019

HIGH COURT

GHANA

CORAM

  • Alexander Osei Tutu J.

Areas of Law

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

AI Generated Summary

This Ghanaian land dispute involved the Tema Development Corporation (TDC), the Nungua Traditional Council (NTC), the Plaintiff (identified in the record as Theophilus Adjetey), and the first defendant, Philip Agboyome (later substituted by his son, Edward). TDC had released land at Communities 16 and 17 to the NTC to allocate to indigenes, and TDC would regularize such allocations. The Plaintiff received an allocation of Plot RP/16/C/68 at Community 16, applied for TDC regularization, and paid fees. Subsequently, NTC alleged fraud, cancelled the Plaintiff’s allocation, and reallocated the same plot to Philip, with TDC acting on NTC’s letter. The Court emphasized that valid customary grants divest the grantor’s rights and subsequent grants are barred by nemo dat. Nonetheless, the Plaintiff’s case collapsed on evidentiary and procedural grounds: a defective power of attorney without a competent, identified witness, an inconsistent witness statement signature, lack of the Plaintiff’s own testimony, and inconsistent or irrelevant documents. Applying Act 549 and Evidence Act principles, the Court found no admissible proof and dismissed all claims.

JUDGMENT