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THOMAS FOSU-TWUM AND DR. T. A. OSAE V. THEOPHILUS NORTEY

(2018) JELR 68855 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/23/2016  •  21 Mar 2018  •  Ghana

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

Judgement

RULING

ADINYIRA (MRS), JSC

This appeal is against a judgment of the Court of Appeal dated 6 February 2013 which reversed the judgment of a High Court delivered on 21 October 2010.The issue for resolution at the High Court was one of competing titles to a plot of land covering an approximate area of 0.18 acres leased to the parties before us by feuding claimants of a larger tract of land in the case of Agyei Osae and Ors v. Adjeifio and Ors [2007-2008] SCGLR 499 as to who owns the allodial title to an area of 1170.96 acres of land at Otinshie stretching from off the Accra- Tema motorway to the Akwapim Hills.

A Court of Appeal judgment, delivered on 15 July 2005, in Agyei Osae and Ors v. Adjeifio and Ors, supra, reversed a High Court decision declaring ownership of this large track of land to the Nii Osae Otinshie family, by granting title to the Kle Musum Quarter of Teshie. The Court of Appeal however held that “whatever rights the [Nii Osae Otinshie family] had in Otinshie are usufructur…

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