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LUMOR BORTEY BORQUAYE
V.
ALHAJI ABDUL AZIZ & KWAME AYEW

(2025) JELR 114581 (SC)

Supreme Court 19 Nov 2025 Ghana
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- Supreme Court restored the High Court’s decision, holding that the Respondent failed to establish title to the disputed land or rebut the presumption of ownership in favour of the Appellants, who possessed a valid land title certificate a

Case Details

Suit Number:CIVIL APPEAL NO. J4/20/2024
Judges:BAFFOE-BONNIE. CJ (PRESIDING) ASIEDU. JSC GAEWU. JSC KWOFIE, JSC
Counsel:FAUSTELL COFIE ESQ. FOR THE DEFENDANTS/RESPONDENTS/APPELLANTS WITH BERNICE GBEDI ESQ. EDWARD MARSHALL KOBBLAH PENU ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT.

JUDGMENT

ASIEDU, JSC:

[1.0]. INTRODUCTION:

My lords, this is an appeal from the judgment of the Court of Appeal, Accra, dated the 5 of April, 2023. In the said judgment, the Court of Appeal reversed the judgment of the trial High Court which was delivered in favour of the Defendants/Respondents/Appellants (hereinafter referred to as the Appellants).

The Plaintiff/Appellant/Respondent shall hereinafter be referred to as the Respondent.

[2.0]. NOTICE OF APPEAL

By a notice of appeal filed on the 2nd May 2023, the Appellants formulated the following grounds of appeal:

(a) The Court of Appeal erred in law when, in the face of clear evidence that the Defendants/Respondents/Appellants before them had been in effective possession of their land since 2003 (more than 12 years) without being sued by the Plaintiff/Appellant/Respondent who was before them, the Court of Appeal failed to enforce section 10 of the Limitations Act, 1971 (NRCD 54), a statute binding on the court against the Plaintiff/Appellan…

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