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OWUSU & ANOR
V.
MAPUTO & 3 ORS

(2025) JELR 114153 (SC)

Supreme Court 29 Jan 2025 Ghana
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- The dispute concerned competing claims over a 5.15-acre parcel of land in Kumasi; Plaintiffs claimed derivative title through their late father’s 1977 allocation from the Esreso stool, evidenced by an allocation note, will, vesting assent

Case Details

Suit Number:J4/14/2024
Judges:SACKEY TORKORNOO CJ (PRESIDING) AMADU, JSC PROF. MENSA- BONSU, JSC ASIEDU, JSC DARKO ASARE, JSC
Counsel:KWAKU YEBOAH APPIAH ESQ. WITH ALFRED AGYEMAN GYIMAH ESQ. FOR PLAINTIFFS/RESPONDENTS/APPELLANTS. KWADWO DEI KWARTENG ESQ. WITH BENJAMIN OFORI ESQ. FOR DEFENDANTS/APPELLANTS/RESPONDENTS.
Location:Accra

JUDGMENT

MAJORITY OPINION

SACKEY TORKORNOO CJ:

INTRODUCTION

1. This is one of those seemingly interminable litigation over land, despite the existence of clear documentation that establishes and validates the true ownership of the land in issue. The curious case on our hands shows that the stool occupant and customary grantor of land in Ashanti, together with are presentative of the Asantehene’s secretariat as confirming party, allocated land to a citizen in 1977, and issued a lease to the progeny of the allottee in finalization of the grant. Notwithstanding the removal of all doubt about who the stool grantor of land wished to lease the land to, other citizens, two of who point to a promise of allocation, and one who points to an allocation note with no confirmation, insist that they have equitable rights over the same piece of land that must be turned into legal ownership by the courts. And despite a survey report that confirms that the claims are over the same piece of land, the rival…

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