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MAJORIE ATSOI CODJOE V. SAMUEL OKPOTI SOWAH

(2022) JELR 110071 (SC)

Supreme Court  •  J4/56/2022  •  29 Nov 2022  •  Ghana

Coram
YEBOAH CJ (PRESIDING) PWAMANG JSC OWUSU (MS.) JSC HONYENUGA JSC AMADU JSC

Judgement

OWUSU (MS.) JSC:-

On 13th December, 2018, the Court of Appeal, Accra, allowed the Defendant/appellant’s appeal and granted his counterclaim. The Court held among other things that:

“The plaintiff is further estopped by her own statement and conduct in accordance with section 26 of the Evidence Act. Both sections 25 and 26 of the Evidence Act are conclusive presumptions and the plaintiff cannot resile from her own description of her land in Exhibit ‘A’. The Defendant’s counterclaim is granted. We accordingly order for the recall and cancellation of the Land Title Certificate granted to the Plaintiff on 2nd May, 1988 with registration number 22B/1/26/1 contained in Volume 11 Folio 167 granted to the Plaintiff on grounds of fraud by the Lands Commission. We further order the Lands Commission to register the said land in favour of the Defendant. We further set aside the award of damages as the record shows that the Defendant has not trespass unto Plaintiff’s land. We set aside the judgment …

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