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NANA ANTI OWUSU V. ALHAJI ABDUL AZIZ

(2018) JELR 68891 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/21/2017  •  12 Dec 2018  •  Ghana

Coram
ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC, APPAU JSC

Judgement

APPAU, JSC:-

The major issue for determination in this appeal, notwithstanding the number of grounds of appeal filed by the appellant herein, has to do with the ownership of a piece or parcel of land forming part of land commonly known and described as Otinshi Lands, which the Supreme Court in a related case, described as Otinshie Village lands. Each of the parties herein laid adverse claim to the very land in dispute through their claim and counterclaim. The issues which the parties therefore settled on with the trial court for determination during the trial were as follows:

1. Whether or not plaintiff’s grantors have valid title to the land described as Otinshi Lands;

2. Whether or not the subject-matter forms part of Otinshi Lands.

3. Whether or not plaintiff’s grant was fraudulent;

4. Whether or not plaintiff’s registered document was fraudulent;

5. Whether or not plaintiff demolished defendant’s property; and

6. Whether or not plaintiff had capacity to sue.

The other issue that arose fro…

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