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NII STEPHEN MALEY NAI
V.
EAST DADEKOTOPON DEVELOPMENT TRUST

(2019) JELR 67471 (SC)

Supreme Court 8 May 2019 Ghana
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- Supreme Court affirmed that the plaintiff-family is estopped per rem judicatem from relitigating title to the disputed land, as the issue was previously determined in suit No. IRL/133/2009, with privity of interest established. - Plaintif

Case Details

Suit Number:CIVIL APPEAL NO. J4/61/2018
Judges:ADINYIRA (MRS.) JSC (PRESIDING), BAFFOE-BONNIE JSC, MARFUL-SAU JSC, AMEGATCHER JSC, KOTEY JSC
Counsel:KENNETH KUDUADZI FOR THE PLAINTIFF/APPELLANT/APPELLANT,N. S. AKUETTEH WITH HIM JACOB NOI FOR THE DEFENDANT/RESPONDENT/RESPONDENT

KOTEY, JSC

This appeal brings into sharp focus the problems and challenges of land ownership and management as land values soar on the back of urbanization and land use change as what was previously farming land becomes very valuable, prime, residential land.

The land in dispute is situate at La (behind the Trade Fair). Over the years citizens and families of La have farmed and/or settled on the land. With time, population growth, migration and urbanization, the demand for the land exploded exponentially and so did the price. An avalanche of litigation was soon unleashed in respect of these lands. In all these cases, the primary issues have been who is the proper authority to make valid grants of land behind the Trade Fair. Is it the family that has farmed and/ or settled on the land, a quarter (a quarter to which a family belongs) or the La Paramount Stool?

Prominent and relevant among these cases, for the determination of this appeal are;

I. Suit No. L353/97

Nii Kpobi Tettey Tsuru III (L…

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