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THOMAS FOSU-TWUM & DR. T. A. OSAE v. THEOPHILUS NORTEY

2018

SUPREME COURT

GHANA

CORAM

  • ADINYIRA (MRS), JSC (PRESIDING)
  • DOTSE, JSC
  • BAFFOE-BONNIE, JSC
  • AKOTO-BAMFO (MRS), JSC
  • APPAU, JSC

Areas of Law

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

AI Generated Summary

This Supreme Court appeal arose from a land title dispute over Block A, Plot 47 (approximately 0.18 acres) in the Otinshie Residential Area, Accra. The 1st Plaintiff, a trustee for his children, held a registered 1997 grant from the Osae Family of Teshie and had fenced and built a two-bedroom structure on the plot. The Defendant, an estate developer, entered the property and asserted competing grants, including a post-2005 lease from the Tsie-We family of Kle Musum, and sought protection under the Land Development (Protection of Purchasers) Act 2. The Court of Appeal reversed the High Court’s approach and granted possession to the Plaintiffs. On further appeal, Adinyira JSC, writing for a unanimous Supreme Court panel, held that the record disproved any demolition of the Plaintiff’s structures, found the Defendant reckless in continuing construction after warnings and visible possession, rejected Act 2 protection, confirmed the Plaintiff’s superior title, and affirmed the Court of Appeal’s judgment.