Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MORGAN KWAME OPOKU
V.
AKOSUA OSAA

(2019) JELR 69540 (CA)    
Court of Appeal  ·  CIVILAPPEAL NO. H1/214/2018 ·  21 Mar 2019 ·  Ghana
CORAM
HONYENUGA J.A. (PRESIDING), SOWAH J.A., GAISIE J.A.

Ratio Decidendi

Core Terms Beta
land
respondent
appellant
evidence
gbawe kwatei family
trial court
trial judge
bona fide purchaser
kwartei quartey family
good faith
land development
possession of the land
protection of purchasers
grounds of appeal
piece of land
statement of defence
equitable interest
high court
record of proceedings
second defendant
supreme court
weight of evidence
above issues
appellant’s witness
background facts
building materials
conclusions of the trial judge
court dispute
daughter gifty aku mensah
declaration of title
equitable doctrine of a purchaser
established fact
grantor’s interest
indenture exhibit c
land title registry
learned trial judge
legal effect of the prior acquisition
notice of appeal
ownership of the land
parcel of land
primary issues
recovery of possession
respondent’s witness
titles of persons
view of the fact
year lease

JUDGMENT

SOWAH, J.A.

Introduction

The Plaintiff/Appellant commenced an action at the High Court, Accra for a declaration of title to a piece or parcel of land at Onyinase opposite the Odogono Senior High School, recovery of possession, damages and perpetual injunction. The suit was originally commenced by the plaintiff/appellant against just the 1st Defendant/Respondent. However subsequently, one Augustina Akyea was joined as second defendant. However, after the trial court dismissed her counterclaim and decided in favour of the 1st defendant/respondent, the second defendant did not join the appeal. Hereafter the plaintiff/appellant and the 1st defendant/respondent will be referred to respectively as ‘the appellant’ and ‘the respondent’.

Background Facts

The Appellant, Morgan Kwame Opoku acquired a piece of land in 2005 through an assignment made to him by one Dauda Larbi (herein after called the Grantor). An indenture exhibit C, indicates that the grantor’s interest in the land which was …

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