TUALA TUNDE TOWOLCEWI (DECEASED) VS NII OKULEY ANNAN & ANOR
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ANTHONY OPPONG
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
AI Generated Summary
The High Court, per Justice Anthony Oppong, adjudicated a land ownership dispute in East Legon involving the plaintiff, who claimed acquisition of bare land in 1986 from the Sowah Gbogbilah family of Amedeka, later registering and obtaining a substituted Land Title Certificate (GA 11623), and maintaining possession with structures and a caretaker for over two decades. The 1st defendant asserted ownership through Tsie We and subsequently the Osae family of Otinshie, relied on a Supreme Court judgment affirming Osae family title, and challenged the plaintiffs nationality and grantors capacity; the 2nd defendant withdrew and abandoned his counterclaim. The court found both parties claimed the same East Legon parcel, held that the 1st defendant had superior title supported by the Osae family judgment and site plan evidence, and determined the plaintiffs grant invalid for lack of customary attestation and proof of root of title. The court canceled the plaintiffs substituted certificate (issued by mistake), dismissed the plaintiffs claims, and partially granted the 1st defendants counterclaim, declaring him owner. The nationality-based invalidation claim was dismissed for failure to prove the plaintiff is a non-Ghanaian; costs of GH2,000 were awarded to the 1st defendant.