Customer Support

BINGA DUGBARTEY SARPOR
V.
EKOW BOSOMPRAH

(2020) JELR 92048 (SC)

Supreme Court 2 Dec 2020 Ghana
BriefBot icon

BriefBot Summary

Free

- Supreme Court affirmed that long possession of land by a caretaker or licensee does not constitute adverse possession; possession must be adverse, not permissive, for the Limitation Act, 1972 (NRCD 54) to extinguish the true owner’s title

Case Details

Suit Number:CIVIL APPEAL NO. J4/55/2020
Judges:GBADEGBE, JSC (PRESIDING), PROF. KOTEY, JSC, OWUSU (MS), JSC, TORKORNOO (MRS), JSC, KULENDI, JSC
Counsel:NII AKWEI BRUCE-THOMPSON FOR THE DEFENDANT/RESPONDENT/APPELLANT. S. K. AMOAH FOR THE PLAINTIFF/APPELLANT/RESPONDENT.

JUDGMENT

KULENDI, JSC

This is an Appeal against the judgement of the Court of Appeal dated 3rd May, 2018, which said judgment varied the judgment of the trial High Court delivered on 21st June 2007. The Appellant herein, dissatisfied with the decision of the Court of Appeal, and exercising her constitutional right pursuant to Article 131 of the 1992 Constitution, has brought the instant appeal to this Court.

BACKGROUND:

The antecedent facts that triggered the instant appeal are captured as follows:

On the 29th of October, 2004, the Plaintiff/Appellant/Respondent (hereinafter referred to as ‘the Respondent’) instituted an action in the High Court for the following reliefs: 

  1. Declaration of title to all that piece or parcel of land in extent 0.15 hectares (0.36 of an acre) more or less known as parcel No. 24, Block 5 Section 021 lying situate at Asylum Down, Accra covered by Land title Certificate No. GA 20228 in Land Register Volume 10 Folio 473;  
  2.  Damages of ¢ 35,000,000 for trespass; 
  3. An ord…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.